Ethics in the Time of Human Fragility

Jurek 2

1310 words, 7 min read

The other day I came across an article entitled: “Ethicist says ghostwriter’s role in ‘Amoris’ is troubling”, in which an ethicist is troubled by Pope Francis having had the help of others when drafting his encyclicals and where one of these others, Archbishop Víctor Manuel Fernández, has used passages from his previous writings. Not only is this “material plagiarism” but it also undermines whether the encyclical is “magisterial” in the opinion of the aforementioned ethicist. While this line of inquiry does not hold much appeal (or water, in my opinion), it has lead to a response by Archbishop Fernández, who takes issue with how his views are presented in the article and who points to one of his papers for clarification.

Having read – and enjoyed – that paper, entitled “Trinitarian life, ethical norms and human fragility,” I would like to offer a partial translation and summary of its content next.

The paper starts with an enumeration of various flavors of relativism, from the theological, via the humanist, the mystical, the cultural, to the fragmentary, all of which are dismissed with reference to St. John Paul II’s Veritatis Splendor, which defends objectivity and which affirms the existence of “intrinsically evil” acts.

Fernández then goes on to recognizing that even these erroneous approaches to morality may contain “fragments of truth” and “legitimate aspirations”, but he points to a need for persisting with an integral Gospel world-view where, as the Compendium of the Social Doctrine of the Church affirms that ethical questions: “must be considered as a whole, since they are characterized by an ever greater interconnectedness, influencing one another mutually” (CSDC, 9).

At the same time, the Church has, for some time now, recognized that there exist circumstances that may reduce, “or under exceptional circumstances even annul” the moral responsibility of subjects and Fernández quotes from St. John Paul II’s 1995 Evangelium Vitae to back up his claim:

“Decisions that go against life sometimes arise from difficult or even tragic situations of profound suffering, loneliness, a total lack of economic prospects, depression and anxiety about the future. Such circumstances can mitigate even to a notable degree subjective responsibility and the consequent culpability of those who make these choices which in themselves are evil.” (§18b)

Fernández then points to three examples of the Church’s response to moral questions, where responsibility and culpability have recently been addressed: euthanasia, divorce and remarriage and same-sex sexual relations.

First, the 1980 declaration on euthanasia by the Congregation for the Doctrine of the Faith, entitled Iura et Bona, recognizes that under some circumstances people may no longer be truly responsible for what they do:

“by reason of prolonged and barely tolerable pain, for deeply personal or other reasons, people may be led to believe that they can legitimately ask for death or obtain it for others. Although in these cases the guilt of the individual may be reduced or completely absent, nevertheless the error of judgment into which the conscience falls, perhaps in good faith, does not change the nature of this act of killing, which will always be in itself something to be rejected.” (Part II.)

Second, a declaration by the Pontifical Council for Legislative Texts from 24th June 2000 stated that, even though the situation of the divorced and remarried is a matter of “grave sin, understood objectively, [a] minister of Communion would not be able to judge [its] subjective imputability” (2a.).

Third, as regards same-sex sexual relations, the Congregation of the Doctrine of the Faith stated in 2001 that “there is a precise and well-founded evaluation of the objective morality of sexual relations between persons of the same sex. The degree of subjective moral culpability in individual cases is not the issue here.” (§2b) Again, drawing a clear distinction between the objectivity of an act’s moral goodness and the responsibility that a person bears for it.

Against this background, Fernández then proceeds to introduce grace into the picture, by arguing that:

“If an action of a subject who is strongly conditioned can be objectively evil but not imputable – and therefore not culpable – then, consequently, it does not deprive this person of the life of sanctifying grace. When this action does not stem from responsible freedom, but is enormously conditioned instead, it cannot be imputed to the subject as a sin that deprives them of supernatural life with its trinitarian dynamics.”

Next, Fernández is careful to point out that the result here is not a change to the objective evil of such actions – they do not become virtuous or of merit to the subjects who perform them. Instead, it is in the good intentions of the subject in which “the love of God and trinitarian life can shine forth” and not in what remain objectively evil actions. “No matter how much a person acts in good faith, and no matter how good their intentions may be, this does not alter the moral qualification of an objectively evil act and neither does it convert it into an expression of love.” What Fernández therefore means by “in” when he says that “trinitarian dynamics can also come about in an objective situation of sin” is an “in the context of” or an “in the midst of” and not a “through.”

In fact, Fernández later proceeds to underlining the effects of the presence of grace in good intentions that may lead to objectively evil actions, which is that:

“Grace itself provokes an interior desire to please God more with one’s own life or to follow more perfectly one’s own internal impulses. In grace itself – even when its dynamics may be conditioned by inculpable deficiencies – there is a tendency to wake up the desire for overcoming such conditioning. Because of this, the person who has been conditioned continues to experience a certain “this cannot be” in their own way of living.”

Following a reflection on St. Thomas Aquinas’ distinguishing between external and internal acts when it comes to morality, Fernández argues that while love cannot coexist with mortal sin, it can “coexist with inculpable evil acts, where some of the conditions required for grave sin are not met.” Turning to the Gospel, Fernández then points to its call to the correction of persons based on the evil of their actions (cf. Matthew 18:15) but without judging their responsibility and culpability (cf. Matthew 7:1; Luke 6:37). In summary, Fernández underlines that fraternal correction, including sanctions that the Church may legitimately impose, do not imply the emission of judgment about the interior situation and the life of grace of the corrected brother: “de internis non iudicat pretor,” as the Roman juridical maxim goes (“the judge does not judge what is on the inside”).

The above context leads Fernández to spelling out his understanding of the key to Gospel morality:

“At the same time as focusing on a subject’s full compliance with moral laws, they always have to be encouraged also to grow in love with their own acts, which will never stop being the most important of the virtues and “the fulfillment of the law” (Romans 13:10). Without it there is no merit whatsoever and neither is there any authentically evangelical growth.”

Fernández concludes the article with putting his cards on the table and spelling out the motivation for his enquiry into the workings of grace. After rejecting the suggestion that it is a result of responding to secular prejudices or to theological progress, Fernández traces his thought to his time as a parish priest in a poor neighborhood in Argentina, because of which he desires to show two things at the same time:

“the immense mercy of God in the face of the limited and conditioned response of human beings, and the inescapable call to a generous surrender that may ever more perfectly respond to the objective proposal of the Gospel that the Church offers to the world.”

The Ethiopian eunuch: a case study in mercy

Ethiopian eunuch

Today’s first reading, from the Acts of the Apostles (8:26-40), tells the story of St. Philip’s journey from Jerusalem to Gaza, during which he meets the chief treasurer of the Queen of Ethiopia, who is a eunuch (i.e., man castrated to become a more trustworthy and disinterested servant). The eunuch is reading from the book of Isaiah and, upon being asked by Philip whether he understands what he reads, Philip is invited to join the eunuch in his chariot to explain it to him. The passage in question was:

“Like a sheep he was led to the slaughter,
and as a lamb before its shearer is silent,
so he opened not his mouth.

In (his) humiliation justice was denied him.
Who will tell of his posterity?
For his life is taken from the earth.”
(cf Isaiah 53:7-8)

Philip told the eunuch that the passage was about Jesus and proceeded to tell him more. When they came to some water, the eunuch said: “Look, there is water. What is to prevent my being baptized?” (Acts 8:36). And Philip baptized him.

You might think: “so what?,” but the above is actually quite an important passage given what is going on in the Church today, since, I believe, it gives an example of what being welcoming of everyone and focused on mercy mean. The eunuch in question here wasn’t just some guy who wanted to be baptized and whom Philip baptized as a matter of fact, to boost statistics.

The Hebrew Bible is very clear that “the law forbids the community of the Lord to accept anyone who has undergone destruction or removal of their sexual organs” (cf. Deuteronomy 23:2), as is certainly the case with eunuchs. Since St. Philip – like Jesus – was a Jew, and Jesus’ followers at that time were part of the Jewish community, these restrictions would have been know to him and there would have been an obligation to honor and adhere to them. Nonetheless, it must have been Jesus’ imperative to “Go, therefore, and make disciples of all nations, baptizing them in the name of the Father, and of the Son, and of the holy Spirit” (Matthew 28:19) that lead Philip to baptize – and thereby welcome into the community of Jesus’ followers – not only a non-Jew, but a member of a different race and of a sexual minority, explicitly outlawed by the Old Testament. None of these obstacles mattered to him, since “[t]he Spirit said to Philip, “Go and join up with that chariot.”” (Acts 8:29).

Pope Francis’ homily from this morning also deals with this first reading, instead of the Gospel as is more customary, and focuses on Philip’s attitude towards the eunuch:

“It’s impossible to evangelize without dialogue. It’s impossible. Because you must begin from where the person is, who is to be evangelized. And how important this is. ‘But, father, so much time is wasted because every person has their own story, comes with this or that, their own ideas …’ And, time is wasted. God wasted more time when he created the world, and He did well to do so! Dialogue. Waste time with that person because that person is whom God wants you to evangelize, what’s most important is that you give them the news about Jesus. But the way they are, not the way they ought to be: the way they are now.

Let’s think about these three moments of evangelization: the docility to evangelize; to do what God is asking, secondly, dialogue with people – but in dialogue, one begins from where they are – and thirdly, trusting in grace: grace is more important than all of bureaucracy. ‘What prevents this?’ Remember this. Often we in the Church are a factory of obstacles, because of which people can’t arrive at grace. May the Lord help us to understand this.”

Here, I believe, it is important to bear in mind what Francis means by “evangelizing,” which is “[t]o give witness with joy and simplicity to what we are and what we believe in.” There is no compulsion here, no obligation, no proselytizing. And that St. Philip had the same attitude is clear also from it being the eunuch’s initiative to become baptized. What struck me here is also the great simplicity and obviousness of his request: “Look, there is water. What is to prevent my being baptized?” Having received Jesus’ Good News from Philip, the eunuch has a new optics, through which the obstacles of old become invisible and it is only God’s welcome that can be seen. For the Church to then turn to this guy and say: “Sorry, mate, but you don’t qualify,” would have been absurd and is not at all what St. Philip did.

This brings me to a superb interview with Cardinal Walter Kasper, given to Commonweal magazine during his visit to the USA this week, where he speaks about mercy as follows:

“[The] ontological understanding of God was so strong that justice became the main attribute of God, not mercy. Thomas Aquinas clearly said that mercy is much more fundamental because God does not answer to the demands of our rules. Mercy is the faithfulness of God to his own being as love. Because God is love. And mercy is the love revealed to us in concrete deeds and words. So mercy becomes not only the central attribute of God, but also the key of Christian existence. Be merciful as God is merciful. We have to imitate God’s mercy. […]

Mercy concerns not only individuals. It also an imperative for the church itself. The church defined itself at the Second Vatican Council as a sacrament of God’s grace. How can the church be sacramental, a sign and instrument of mercy, when she herself doesn’t live out mercy? So many people do not perceive the church as merciful. It’s hard. […]

There are those who believe the church is for the pure. They forget that the church is also a church of sinners. We all are sinners. And I am happy that’s true because if it were not then I would not belong to the church. It’s a matter of humility.”

The key idea to me here is Kasper’s beautifully synthetic: “God does not answer to the demands of our rules. Mercy is the faithfulness of God to his own being as love.” Our own openness to others must be informed by a desire to share with them the joy that we have received from being brothers and sisters of Jesus and we must be weary of placing obstacles between them and God – no matter what they might be.