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Displaying: 1-10 of 38 documents

part i - symposia
1. Catholic Social Science Review: Volume > 12
J. Budziszewski Natural Law as Fact, as Theory, and as Sign of Contradiction
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Prior to election to the see of Peter, Joseph Cardinal Ratzinger had already called for renewed attention to natural law, the understanding of which is presently obscured not only in society at large but among scholars. He seems to view natural law under three aspects: First as a fact, reflecting the constitution of the human person and of created reality as a whole; second as a theory, an attempt to comprehend the fact; third, however, as a sign of contradiction, for it exasperates, offends, and enrages. The article explores the natural law under each of these three aspects.
2. Catholic Social Science Review: Volume > 12
Francis J. Beckwith Doing What Comes Naturally and Not Knowing It: A Reflection on J. Budziszewski's Work
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This essay is a brief commentary on J. Budziszewski's work on natural law. The author first offers a personal narrative on how Budziszewski s notion of what we can't not know is cashed out in concrete experience. The author then critiques two different types of challenges to Budziszewski's work: (1) the Darwinian conservative challenge, and (2) the Protestant-Evangelical challenge.
3. Catholic Social Science Review: Volume > 12
Kevin Lee Contemporary Challenges to Natural Law Theories
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J. Budziszewski has been a leading advocate for natural law theory over the past twenty years. His numerous works focus on articulating a conception of natural law rooted in the obviousness of some moral principles: "What we can't not know" as he memorably titles one of his books. This essay points out how Catholic philosophers and theologians have questioned whether faith and reason can be properly balanced in modern thought. It suggests that a Catholic natural law theory must also seek to balance faith and reason, but this poses a challenge to the obviousness of the moral principles that approaches like Budziszewski's seek.
4. Catholic Social Science Review: Volume > 12
Ronald J. Rychlak Tort Law, Free Will, and Personal Responsibility
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The tort law system is designed to assure that a harmed individual has recourse to the legal system. That serves the common good. Over the past few decades, however, tort law has changed so that it now encourages lawsuits designed to maximize recovery regardless of culpability. This comes at great expense to the community-affirming values of apology, acceptance of responsibility, and forgiveness. As legislators and judges consider reforms, the goal must be to return to a system which affirms the dignity of the person and affirms the community by placing blame only on those who are truly responsible.
5. Catholic Social Science Review: Volume > 12
John M. Czarnetzky A Catholic Theory of Corporate Law
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Over the past century, the Catholic Church has developed a powerful philosophical and theological theory of social institutions, including economic institutions. In particular, the Church has addressed a number of issues concerning the modern corporation, especially in areas of special concern such as just wages for workers, working conditions, social responsibility of corporations, etc. There is a discernable "gap," however, in the Church's social doctrine when it comes to the question of why corporations are formed at all, and why the law that governs them is designed the way it is. This paper proposes a theory to fill that gap—viz., an entrepreneurship-based theory of the corporation which is consistent with Catholic social doctrine and modern corporate law.
6. Catholic Social Science Review: Volume > 12
Kyle Duncan Can the Doctrine of Subsidiarity Help Courts Interpret the Establishment Clause?
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This article proposes that the concept of subsidiarity from Catholic social doctrine can be useful in understanding the function of the Establishment Clause in the First Amendment to the U.S. Constitution. Subsidiarity, however, does not serve as a source for judicially enforceable rules for applying the Clause; rather, it explains the Clause as essentially a federalism provision that leaves the resolution of church-state questions to the states.
part ii - articles
7. Catholic Social Science Review: Volume > 12
Shane Haselbarth Until Death Do U.S. Part: The States and Their Inherent, Authentic, and Valid Police Power
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In considering the name of our country, "The United States of America," one cannot escape the conclusion that we are (or were meant to be) a nation of united sovereigns. In our federal system, the States possess a general police power, which the national government does not. Through this division of sovereignty, the founders had in mind a particular form of governance which protected liberty and the wellbeing of the citizenry. The justness of particular laws aside, the suitable body to consider, write, and repeal those laws aimed at the welfare of the community is the individual State. This conclusion is drawn both from our unique constitution as a nation, and the principle of subsidiarity.
8. Catholic Social Science Review: Volume > 12
Robert Fastiggi The Contribution of Antonio Rosmini (1797-1855) to Catholic Social Thought
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The Holy See's 2006 proclamation of the heroic virtues of Fr. Antonio Rosmini (1797-1855) has led to a renewed interest in the thought of this Italian philosopher/theologian. This essay begins with an overview of the life and works of Rosmini and proceeds to a survey of his main contributions to Catholic social thought Attention is given to four major themes: 1) the integration of epistemology, anthropology and ethics; 2) the metaphysical basis for morality and obligation; 3) the dignity of the human person; and, 4) the philosophy of right (diritto) and the application of human rights.
9. Catholic Social Science Review: Volume > 12
D. Q. Mclnerny The Social Theory of Jacques Maritain
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The philosopher Jacques Maritain developed a rich, multilayered political philosophy which was thoroughly informed by his deep Catholic faith. While clearly reflecting a debt to the thought of Aristotle and Saint Thomas Aquinas, it nonetheless bears the pronounced stamp of originality. The philosophy is the result of the sustained development of four interrelated ideas. The first is a philosophy of the person which is uniquely Maritain's. The second is his interpretation and peculiar application of the classical distinction between the secular and the sacral realms. The third is his philosophy of democracy, and the fourth is his theory of a new Christendom.
10. Catholic Social Science Review: Volume > 12
C. Kevin Gillespie Patters of Conversations between Catholicism and Psychology in the United States
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This article addresses the relationship between Catholicism and psychology through the lens of the Catholic Church s tradition of the relationship between faith and reason. The essay draws upon the statements of Pope Pius XII, Pope John Paul II and Pope Benedict XVI. Patterns of conversation in the past, including ones involving conflict are examined. A cellular template explaining some of the patterns is presented from the analysis developed by John Haught namely: Conflict, Contrast, Contact and Confirmation. The contemporary phenomenon of positive psychology serves as an illustration.