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By Professor Brian M. McCall

Adapted from ch. 1 of The Architecture of Law: Rebuilding Law in the Classical Tradition (Notre Dame Press 2018). Part 1 can be found here.

THE DEFINITION OF LAW AS A DIALECTIC AMONG REASON, COMMAND, AND CUSTOM

Harold Berman once described three modes of jurisprudence: positivist (will of lawgiver), natural law (expression of moral principles as understood by reason), and historicist (law as a development of custom).²⁶ For Berman, all three are necessary elements of law, as all three are intrinsic to all being. He explains:

Will, reason, memory—these are three interlocking qualities, St. Augustine wrote, in the mind of the triune God, who implanted them in the human psyche when He made man and woman in His own image and likeness. Like the persons of the Trinity itself, St. Augustine wrote, the three are inseparable and yet distinct. He identified will (voluntas) with purpose and choice, reason (intelligentia) with knowledge and understanding, and memory (memoria) with being—that is, the experience of time. . . . Their applicability to law is particularly striking, for law is indeed a product of will, reason, and memory—of politics, morality, and history—all three.²⁷

by Jonathan Culbreath

One hears a good dose of defeatism recently expressed by Catholics who, though serious about their faith, are pessimistic about the practicability or desirability of seeking the integralist ideal in the current political climate.[1] The confessional State is deemed too lofty a goal to be worth seeking in the present circumstances. Accordingly, such Catholics (or non-Catholics, as the case may be) may read a simple statement about the relationship of temporal and spiritual power, and their reaction will be very similar to the reaction of two well-known commentators on twitter: “The prospects for integralism politically are almost too fantastical to make contemplating them a good use of time.” and “Can Catholic integralists come up with a successful modern example of their theories at work?” But such a defeatism involves a dual error originating in liberalism: it effectively banishes both grace and nature from the public sphere.

Continue reading “Despairing of Integralism”

by Thomas Pink

This is the second part of a three-part series. Part one is available here, and part three here.

3. Vatican II and revolution in the official theology of baptism

Vatican II may not have introduced any new teaching about baptism in its formal magisterium. But even so, the Council event is deeply associated with a revolution in baptism’s official theology.

Aspects of this revolution were already occurring before the Council, in some cases with roots going back to the nineteenth century. The Council event still deepened or confirmed these theological changes. Other aspects of the revolution involved official liturgical changes brought about thanks to the Council. These liturgical changes were not in general directly called for by any document of the Council. But they were introduced by Paul VI in the name of applying the Council, and opposition to them is characteristically treated in official circles as opposition to the Council. Continue reading “Vatican II and Crisis in the Theology of Baptism: Part II”