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.”

Ceaselessly re-expressing the universal

Trinity

For several years now I have kept coming across articles by George Weigel, the US author and political and social activist, all of which have to my mind been misguided and lacking in insight. This undoubtedly makes me biased, which may be why I have not responded to his writings here before, and his latest piece – “The deeper issue at the Synod” – was destined to join that growing rank of articles to which I turned with silence. It is not like his latest feuilleton is any more objectionable than its predecessors, but, since it addresses a point that I do agree is pivotal for the upcoming Synod on the Family, and now that I have put my cards clearly on the table, I will spell out my disagreement in this case.

Weigel in this piece starts with recalling opposing positions before Paul VI issued Humanae Vitae, where the losers “argued, moral choices should be judged by a “proportional” calculation of intention, act, and consequence” while the winners – who upheld “tradition” – “held that some things were always and everywhere wrong, in and of themselves.” He then cites John Paul II’s Veritatis Splendor as reinforcing this position and moves on to recounting an analysis of the pre-Synod battle-lines by Prof. Thomas Stark, likely from this article – although without referring to it directly, where he argues that the real opposition at the Synod will be between two camps. The first, who, like Cardinal Walter Kasper, effectively believe that there are no “sacred givens”:

“Professor Stark argues that, for Kasper, the notion of what we might call “sacred givens” in theology has been displaced by the idea that our perceptions of truth are always conditioned by the flux of history – thus there really are no “sacred givens” to which the Church is accountable. To take a relevant example from last year’s Synod: on Kasper’s theory, the Lord Jesus’s teaching on the indissolubility of marriage, seemingly “given” in Scripture, should be “read” through the prism of the turbulent historical experience of the present, in which “marriage” is experienced in many different ways and a lot of Catholics get divorced.”

This, in Weigel’s reading of Stark results in Kasper denying human nature or there even being “Things As They Are”, since the attitude they attribute to Kasper is one where “what happens in history does not happen atop, so to speak, a firm foundation of Things As They Are; there are no Things As They Are.”

The second camp, instead believes that “the “truth of the Gospel” is a gift to the Church and the world from Jesus Christ: a “sacred given.”” Weigel then concludes that Kasper “absolutizes history to the point that it relativizes and ultimately demeans revelation – the “sacred givens” that are the permanent structure of Christian life.” The opposition, in Weigel’s view, is between an absolutization of history at the expense of relativizing revelation and tradition, versus a – in Weigel’s view – appropriate absolutization of the latter.

Instead of retracing Weigel’s steps through Stark’s article, which quotes from Kasper’s 1972 (!) book, An Introduction to Christian Faith, let me instead look at how well invoking John Paul II’s Veritatis Splendor as a rod for Kasper’s back holds up, and then proceed to argue for Weigel’s point being built on category mistakes.

Let’s begin by looking at Veritatis Splendor though, and test the strength of Weigel citing it as an argument for “sacred givens” and for “Things [Being] As They Are” as opposed to historical interpretation [I am sure St. John Paul II is slowly shaking his head in disbelief, looking down on this spectacle from the Father’s house.]

In Veritatis Splendor John Paul II kicks off with the following preamble:

“The splendour of truth shines forth in all the works of the Creator and, in a special way, in man, created in the image and likeness of God (cf. Gen 1:26). Truth enlightens man’s intelligence and shapes his freedom, leading him to know and love the Lord. Hence the Psalmist prays: “Let the light of your face shine on us, O Lord” (Ps 4:6).”

From the get go he speaks about a process: Truth leading to knowledge and love of God, rather than “givens” no matter how “sacred” they may be. Not a good start for the “Things As They Are” team.

Already in the second paragraph, John Paul II presents the teaching of the Church to be not words, but the Word – a person:

“Christ is “the way, and the truth, and the life” (Jn 14:6). Consequently the decisive answer to every one of man’s questions, his religious and moral questions in particular, is given by Jesus Christ, or rather is Jesus Christ himself.”

Then comes the killer (and we are still just in paragraph 2 of this 45K word gem of clear thinking by one of the 20th century’s greatest minds):

“The Church remains deeply conscious of her “duty in every age of examining the signs of the times and interpreting them in the light of the Gospel, so that she can offer in a manner appropriate to each generation replies to the continual human questionings on the meaning of this life and the life to come and on how they are related” (Gaudium et Spes, 4).”

Oh … “interpreting … in every age” … “manner appropriate to each generation” …

But, let’s take a closer look at how John Paul II thinks about permanence versus historicity, by reading the opening lines of §25:1

“Jesus’ conversation with the rich young man [Mt 19:16-21] continues, in a sense, in every period of history, including our own. The question: “Teacher, what good must I do to have eternal life?” arises in the heart of every individual, and it is Christ alone who is capable of giving the full and definitive answer. The Teacher who expounds God’s commandments, who invites others to follow him and gives the grace for a new life, is always present and at work in our midst, as he himself promised: “Lo, I am with you always, to the close of the age” (Mt 28:20). Christ’s relevance for people of all times is shown forth in his body, which is the Church. For this reason the Lord promised his disciples the Holy Spirit, who would “bring to their remembrance” and teach them to understand his commandments (cf. Jn 14:26), and who would be the principle and constant source of a new life in the world (cf. Jn 3:5-8; Rom 8:1-13).”

Jesus, who is alive in His Church today, continues to converse with us and continues to supply us both with reminders of what He has already told us and with “new life” too through the Holy Spirit. Jesus’ words today are not mere mindless, mechanical repetitions of what he said 2000 years ago, but instead His continuing and evolving desire to lead us to an understanding and love of Himself, who is Truth, Goodness and Beauty.

To avoid giving a distorted impression about what John Paul II is saying here, it is important not to confuse the above process of renewal, of being up to date, of – as he himself later says – “doctrinal development” and “renewal of moral theology” (§28), with some giving in to the World. No, this being in the presence of the living Christ and under guidance from the Holy Spirit also means not to be “conformed to this world” (Rom 12:2):

“Assisted by the Holy Spirit who leads her into all the truth (cf. Jn 16:13), the Church has not ceased, nor can she ever cease, to contemplate the “mystery of the Word Incarnate”, in whom “light is shed on the mystery of man”. [… The Church needs to undertake] discernment capable of acknowledging what is legitimate, useful and of value in [contemporary tendencies], while at the same time pointing out their ambiguities, dangers and errors.”

John Paul II also speaks directly about how the divine and the human interplay in this context:

“The teaching of the Council emphasizes, on the one hand, the role of human reason in discovering and applying the moral law: the moral life calls for that creativity and originality typical of the person, the source and cause of his own deliberate acts. On the other hand, reason draws its own truth and authority from the eternal law, which is none other than divine wisdom itself. At the heart of the moral life we thus find the principle of a “rightful autonomy” of man, the personal subject of his actions. The moral law has its origin in God and always finds its source in him: at the same time, by virtue of natural reason, which derives from divine wisdom, it is a properly human law.”

Human reason discovers (imperfect historical process) divine wisdom (perfect atemporal). This leads us directly to the question of immutability that Weigel sees threatened by Kasper. Here John Paul II first insists on the reality of “permanent structural elements”:

“To call into question the permanent structural elements of man which are connected with his own bodily dimension would not only conflict with common experience, but would render meaningless Jesus’ reference to the “beginning”, precisely where the social and cultural context of the time had distorted the primordial meaning and the role of certain moral norms (cf. Mt 19:1-9). This is the reason why “the Church affirms that underlying so many changes there are some things which do not change and are ultimately founded upon Christ, who is the same yesterday and today and for ever”. Christ is the “Beginning” who, having taken on human nature, definitively illumines it in its constitutive elements and in its dynamism of charity towards God and neighbour.” (§53)

However, the very next lines distinguish the above, permanent structure from how it is expressed:

“Certainly there is a need to seek out and to discover the most adequate formulation for universal and permanent moral norms in the light of different cultural contexts, a formulation most capable of ceaselessly expressing their historical relevance, of making them understood and of authentically interpreting their truth. This truth of the moral law — like that of the “deposit of faith” — unfolds down the centuries: the norms expressing that truth remain valid in their substance, but must be specified and determined “eodem sensu eademque sententia” [“with the same meaning and the same judgment”] in the light of historical circumstances by the Church’s Magisterium.”

And John Paul II proceeds to refer to John XXIII’s words at the opening of the Second Vatican Council, saying that:

“This certain and unchanging teaching (i.e., Christian doctrine in its completeness), to which the faithful owe obedience, needs to be more deeply understood and set forth in a way adapted to the needs of our time.” (L’Osservatore Romano, October 12, 1962, p. 2.)

Looking back over St. John Paul II’s words and those of George Weigel, the funny aftertaste that the latter left in my mind crystalizes and, I believe, boils down to the following: a confusion of being with knowing and a mistaken assumption that attributes of the latter transfer to beliefs about the former. Weigel, taring with a broad brush, effortlessly transposes Kasper’s talking about a historicity of knowing (“perceptions of truth … conditioned … by history”) to an alleged historicity, or indeed total absence, of being (“there really are no “sacred givens””). This, even with a strained desire to apply the Principle of Charity, is a fundamental category mistake. Epistemological constraints do not ontological ones make.

Accepting an evolving, changing understanding and expression of Truth, as is consistent with John Paul II’s teaching, also has a corollary that may have irked Weigel, which is that past expressions and understanding have use-by dates and expiring validity in the present (without this implying a change of underlying reality). In one of the passages that Stark quotes from Kasper’s 1972 book, and identifies as a serious problem, Kasper expresses this situation as follows:

“Whoever believes that in Jesus Christ hope has been revealed for us and for all mankind, and whoever ventures on that basis to become in real terms a figure of hope for others, is a Christian. He holds in a fundamental sense the whole Christian faith, even though he does not consciously accept all the deductions which in the course of almost two thousand years the Church has made from this message.”

Yes, what was the best the Church could do to understand and express the Truth in the past may no longer be the best it can do today. And, just in case this interpretation of the renewal argument sounds dodgy or misguided, let’s hear it also from Pius XII, who has the following to say about his own teaching in view of his successors’ words, in his Mediator Dei:

“Clearly no sincere Catholic can refuse to accept the formulation of Christian doctrine more recently elaborated and proclaimed as dogmas by the Church, under the inspiration and guidance of the Holy Spirit with abundant fruit for souls, because it pleases him to hark back to the old formulas.”

“Old formulas” are no guarantee of holding on to “sacred givens,” whose expressions today need instead to be sought by living with the Jesus who walks among us today. A less obvious and easily testable answer to what doing the right thing means and one that requires courage, but one that leads to the Truth, however imperfectly we understand Her or adhere to Her.


1 Note that the italics in quotes from Veritatis Splendor are John Paul II’s own, who liked to use them for emphasis in all his writings.