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Notes to Catholics and Human RightsRobert Traer* 1 Quoted in Robert A. Evans and Alice Frazer Evans, Human Rights: A Dialogue between the First and Third Worlds (Maryknoll: Orbis Books, 1983), 245.2 Ibid.3 "A Preview of Mater et Magistra," in The Encyclicals and Other Messages of John XXIII, editorial staff of The Pope Speaks Magazine (Washington: TPS Press, 1964), 233. Quoted in David Hollenbach, S.J., Claims in Conflict: Retrieving and Renewing the Catholic Human Rights Tradition (New York: Paulist Press, 1979), 42.4 David Hollenbach, Claims in Conflict, 43. See "Church and Human Rights in History," Convergence, no. 2 (1979):5-9.5 Rerum Novarum, 1891 Encyclical of Leo XIII on the Rights and Duties of Capital and Labor, no. 7. In The Church Speaks to the Modern World: The Social Teachings of Leo XIII, ed. Etienne Gilson (Garden City, N.Y.: Doubleday, Image, 1954).6 Ibid., no. 2.7 David Hollenbach, Claims in Conflict, 48.8 Ibid., 49.9 David Hollenbach, Claims in Conflict, 56.10 Ibid.11 Christmas Address, 1942, in Claims in Conflict, 60.12 Address of 6 December 1953, in Claims in Conflict, 60.13 David Hollenbach, Claims in Conflict, 61.14 Alfred Verdross, "Fundamental Human Rights: The Journey of an Idea," trans. John D. Gorby, Human Rights 8, no. 3 (Fall 1979):22. See Jungmann, Missarum Sollemnia II (1949), 74 and Durig, Imago (1952), 126 and 167.15 Ibid., translator assisted by Dr. William Carroll of the John Marshall Law School faculty.16 Alfred Verdross, "Fundamental Human Rights: The Journey of an Idea," trans. John D. Gorby, Human Rights 8, no. 3 (Fall 1979):22.17 Ibid.18 Thomas Aquinas, Summa Theologica, 1, II, 21, 4, reply 3, trans. Thomas Gilby, quoted in Verdross, "Fundamental Human Rights: The Journey of an Idea," trans. John D. Gorby, Human Rights 8, no. 3 (Fall 1979):23.19 Alfred Verdross, "Fundamental Human Rights: The Journey of an Idea," trans. John D. Gorby, Human Rights 8, no. 3 (Fall 1979):23. Mohammed Allal Sinaceur writes: "Even if it is true that Christianity raises man to divine estate, the new feature as the modern era dawns is the substitution of the rule of statute law and the empire of man for the legal order of ancient societies, the unique encounter between Christian doctrine and a renascent jurisprudence, the transformation of the jus suum cuique tribuere of Roman tradition into jus suum cuique reddere. From this point on Europe is attuned to the notion of human rights." Sinaceur, "Islamic Tradition and Human Rights," in Philosophical Foundations of Human Rights, 201.20 Herbert Spiegelberg, "Human Dignity: A Challenge to Contemporary Philosophy," in Human Dignity: This Century and the Next, 42.21 John A. Coleman, S.J., "Catholic Human Rights Theory: Four Challenges to an Intellectual Tradition," Journal of Law and Religion, 2, no. 2 (1984):349-55. He suggests that the positions of David Hollenbach and Bryan Hehir, the two major Catholic writers on human rights, are basically derived from Jacques Maritain's assertion: "The dignity of the human person? The expression means nothing if it does not signify that, by virtue of the natural law, the human person has the right to be respected, is the subject of rights, possesses rights." Maritain, The Rights of Man and Natural Law, trans. D. Anson (1951), 65; quoted in Coleman, "Catholic Human Rights Theory," 350.Hollenbach indicates that modern Catholic social teaching has shifted from natural law to human dignity, as a basis for human rights, which allows for development of a more realistic and universal doctrine of human rights. See Claims in Conflict, 131-33.22 See Gregory Baum, "The Catholic Foundation of Human Rights," The Ecumenist 18, no. 1 (November-December 1979):10.23 David Hollenbach, S.J., Justice, Peace, and Human Rights: American Catholic Social Ethics in a Pluralistic Context (New York: The Crossroad Publishing Company, 1988), 95.24 Ibid., 96.25 Pacem in Terris, 1963 Encyclical of John XXIII on World Peace, in Joseph Gremillion, ed., The Gospel of Peace and Justice: Catholic Social Teaching since Pope John (Maryknoll, N.Y.: Orbis, 1976), no. 9.26 David Hollenbach, Claims in Conflict, 65.27 Ibid., 66-67. All these rights are listed in Pacem in Terris, nos. 11-27. Philibert Secretan asserts: "The only right which must resolutely be refused to man is that of acting as though he were himself the source of his rights." Secretan, "Thoughts on Respect for Human Rights," Convergence, no. 2 (1979):15.28 Pacem in Terris, no. 144. In Gremillion, The Gospel of Peace and Justice, 232.29 Ibid., no. 145.30 Dignitatis Humanae, no. 2, in Gremillion, The Gospel of Peace and Justice, 339.31 Ibid.32 Ibid., 342, no. 6.33 Ibid.34 David Hollenbach, Claims in Conflict, 77.35 Gaudium et Spes, no. 26, in Gremillion, The Gospel of Peace and Justice, 264.36 Ibid., 305, no. 69.37 John Langan, "Human Rights in Roman Catholicism," in Human Rights in Religious Traditions, 31. François Refoulé claims that section 30 of Gaudium et Spes, which is entitled "The need to go beyond an individualistic ethic," was drafted to alert readers to the danger in the Universal Declaration of Human Rights and the French declaration of 1789, although the former includes social and economic rights as well. See Refoulé, "Efforts made on behalf of Human Rights by the Supreme Authority of the Church," trans. John Maxwell, in The Church and the Rights of Man, ed. Alois Müller and Norbert Greinacher (New York: The Seabury Press, 1979), 79, and David Hollenbach, Justice, Peace, and Human Rights, 19. J. Bryan Hehir distinguishes both the classical and Christian natural law positions from the "Liberal-Christian" position developed by John Locke. Hehir, "Human Rights from a Theological and Ethical Perspective," in The Moral Imperatives of Human Rights: A World Survey, ed. Kenneth W. Thompson (Washington, D.C.: University Press of America, 1980), 1-24.38 Ibid. See John Langan, "Introduction," in Human Rights in the Americas: The Struggle for Consensus, 2. Raymond F. Collins asserts: "It is the consideration of human rights which forms the context within which today's ethical decision-making takes place." Collins, Christian Morality: Biblical Foundations (Notre Dame, Ind.: University of Notre Dame Press, 1986), 51.39 David Hollenbach, Claims in Conflict, 75. "This move amounts to a shift from a social ethic that proposed a concrete model of the structure of society as a necessary exigency of natural law to a social ethic in which all social models and structures are held accountable to the standards of human rights. The difference between the two perspectives is the acceptance of social, political, and ideological pluralism as an inescapable fact in the contemporary world." Hollenbach, Justice, Peace, and Human Rights, 90.40 Ibid. Michael Novak argues that the primary responsibility of government is to protect public order. Novak, "Economic Rights: The Servile State," Catholicism and Crisis 3, no. 10 (October 1985):10. In response, David Hollenbach asserts the Catholic ethical principle of subsidiarity. Economic necessities are not, in the first instance, the responsibility of government; however, when the problem exceeds the power of mediating individuals and institutions, "government can and should intervene in ways guided by political prudence." Hollenbach, Justice, Peace, and Human Rights, 104-06. Novak agrees with Hollenbach that both the society and the state have obligations for the "general welfare" of people, although basic needs are in the first instance the responsibility of the individual person; however, he disagrees that these responsibilities constitute "economic rights" equivalent to civil and political rights. Novak, "The Rights and Wrongs of 'Economic Rights': A Debate Continued," This World no. 17 (Spring 1987):43-52. This allows for diverse forms of human dignity in different cultures.41 See Andrew Greeley, No Bigger than Necessary: An Alternative to Socialism, Capitalism and Anarchism (New York: Meridian, 1977), 12; and David Hollenbach, Claims in Conflict, 78-84.42 François Refoulé, "Efforts made on behalf of Human Rights by the Supreme Authority of the Church," in The Church and the Rights of Man, 77.43 Ibid.44 Ibid. See Claude Geffre, O.P., "Theological Reflections on a New Age of Mission," International Review of Mission 71, no. 284 (October 1982):478-92.45 Justice in the World, no. 15, in Gremillion, The Gospel of Peace and Justice, 516.46 David Hollenbach, "Both Bread and Freedom: The Interconnection of Economic and Political Rights in Recent Catholic Thought," in Human Rights and the Global Mission of the Church, 31.47 "Instruction on Certain Aspects of the 'Theology of Liberation'," (Vatican City: Sacred Congregation for the Doctrine of the Faith, 1984), 31.48 "Instruction on Christian Freedom and Liberation," Origins: NC Documentary Service 15, no. 44 (17 April 1986):716.49 "The Church Subject to the Word of God Celebrating the Mysteries of Christ for the Salvation of the World," Convergence, no. 2 (1986):32.50 Ibid.51 Roberto Suro, "Pope, on Latin Trip, Attacks Pinochet Regime," The New York Times, 1 April 1987, 1.52 "Justice and Peace Challenge in Singapore," Asia Focus 2, no. 45 (25 November 1986):7.53 Ibid.54 "Aborigines Welcome Pope," The Oakland Tribune, 30 November 1986, A-6.55 Roberto Suro, "Pope, on Latin Trip, Attacks Pinochet Regime," The New York Times, 1 April 1987, 7.56 Ibid.57 "Encyclical Letter of the Supreme Pontiff John Paul II: Sollicitudo Rei Socialis," L'Osservatore Romano, English edition, 29 February 1988, 6.58 "Building an Authentic World Community," The Pope Speaks: The Church Documents Quarterly 33, no. 1 (1988):27.59 National Conference of Catholic Bishops, The Challenge of Peace: God's Promise and Our Response (Washington, D.C.: United States Catholic Conference, 1983), 74.60 National Conference of Catholic Bishops, Economic Justice for All (Washington, D.C.: United States Catholic Conference, 1986), v.61 Ibid., xi and xiv. See John Langan, S.J., "Defining Human Rights: A Revision of the Liberal Tradition," in Human Rights in the Americas: The Struggle for Consensus, 69-101.62 Rembert Weakland, O.S.B., "Dear Reader," Catholic Trends (15 November 1986):3.63 Ted Zuern, S.J., "Bread and Freedom . . . Justice and Faith," Newsletter: Bureau of Catholic-Indian Missions 7, no. 10 (January/February 1987):3.64 The right to health care is asserted in "1985 Issues of Concern," Charities USA¯13, no. 2 (February 1986):29. The Catholic bishops' statement, "The Right to a Decent Home," is discussed in "Background Paper on Housing" in the same issue. The president of Catholic Charities affirms the organization will defend "the right of the poor to struggle against injustice" and "the right of each person to self-determination." Mary Ann Quaranta, "Catholic Charities: Service and Action," Charities 13, no. 7 (12 April 1986):7 and 9.65 William J. Wood, S.J., "Who in the World is the Church?" Commentary 7, no. 7 (November 1986):2. Original italicized.66 See Joan Brown, "Human Dignity: Have We Failed Ourselves?" Active for Justice 11, no. 7 (July 1987):5; Shawn Crawford, "Human Rights: The Mentally Disabled—What About Their Treatment?" Active for Justice 15, no. 11 (December 1987):1 and 4; and Robert Traer, "The Struggle for Human Rights in China," Active for Justice 9, no. 6 (July/August 1989):5.67 See Archbishop Daniel E. Pilarczyk, "Taking It on the Chin—For Life: Reflections on a Vatican Instruction," America 156, no. 14 (11 April 1987):295-96; and Virgil C. Blum, S.J., "America's Shameful Apartheid," Catholic League Newsletter 14, no. 2 (February 1987):8.68 See John C. Cort, "Christians and the Class Struggle," Commonweal (11 July 1986):400-04.69 See Sidney Callahan, "Association for the Rights of Catholics in the Church," America 155, no. 1 (19-26 July 1986):22-23; and articles in the newsletter Light published by the Association for the Rights of Catholics in the Church. Gregory Baum asks, it would seem, rhetorically: "Is the Church's defense of human rights authentic and credible if it fails to recognize human rights in its own organizational life?" Baum, "Catholic Foundation of Human Rights," The Ecumenist 18, no. 1 (November-December 1979):12.70 Henri J. M. Nouwen, "We Drink from Our Own Wells," America 149, no. 11 (15 October 1983):206.71 Thursday morning prayer in A Christian's Prayer Book: Poems, Psalms and Prayers for the Church's Year, ed. Peter Coughlon, Ronald C. D. Jasper, Teresa Rodrigues, O.S.B. (Chicago: Franciscan Herald Press, 4th printing, 1972?), 132.72 Mark Juergensmeyer, Terror in the Mind of God: The Global Rise of Religious Violence (Berkeley and Los Angeles, CA: The University of California Press, 2000), 237 and Figure 5.73 Interview by Mark Juergensmeyer with Tom Hartley, councillor and leader of the Sinn Féin party in the Belfast City Council, Belfast, July 31, 1998, in Ibid., 37.74 Ibid.75 Ibid., 41. Fr. Denis Faul has argued that the Catholic culture of the Irish gives them strength to kill and be killed, because death "is a sacrifice" and "the opportunity of forgiveness" reduces their sense of guilt. See Martin Dillon, God and the Gun: The Church and Irish Terrorism (New York: Routledge, 1998), 93.76 Conor Cruise O'Brien, Ancestral Voices, 4, quoted in Terror in the Mind of God, 42.77 Gilles Kepel, The Revenge of God: The Resurgence of Islam, Christianity and Judaism in the Modern World translated by Alan Braley (University Park, PA: The Pennsylvania State University Press, 2000), 94-5.78 Ibid., 197.79 Ibid.80 David Hollenbach, Claims in Conflict, 90.81 Ibid. See R. J. Henle, S.J., "A Catholic View of Human Rights: A Thomistic Reflection," in The Philosophy of Human Rights, 87-92.82 Stephan H. P. Pfürtner, "Human Rights in Christian Ethics," in The Church and the Rights of Man, 57; the phrase is used as the heading of a section on page 59.83 David Hollenbach, Claims in Conflict, 175.84 Ibid., 204.85 Ibid., 207.*Revision of material in Faith in Human Rights: Support in Religious Traditions for a Global Struggle (Washington, DC: Georgetown University Press, 1991). |
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