TWO MODELS OF POSITIVE LAW IN AQUINAS: A STUDY OF THE RELATIONSHIP OF POSITIVE LAW AND NATURAL LAW F INTRODUCTION OLLOWING HIS TREATISE On Law, Thomas Aquinas offers two models of positive law, the first model the laws of worship of the Jewish people of Biblical times, the second model the civil laws of the Jewish nation as reported in the Bible. These models of positive law have been largely ignored in studies of Thomistic legal theory . The neglect is surprising, since Aquinas introduces both types of law as models of his theory, widely studied, that all of the positive law should be derived from the natural law. The religious laws or "ceremonial precepts", Aquinas states, are "determinations" of the natural law principle of worship, while the civil laws or "judicial precepts" are determinations of the natural law principle of the justice which is to be observed among men. 1 This article utilizes Aquinas's two models of positive law and his model of natural law, the "moral precepts", to interpret Aquinas's theory of the relationship of positive law to the natural law. The major component of that relationship, in Thomistic theory, is the idea that positive law ought to be the" determination" of general principles of natural law. In determin1 Summa Theologiae, Prima Secundae, Question 99, articles 8, 4. Hereafter, Q. 99, a. 8, a. 4. References are to the Prima Secundae (I-II) unless otherwise indicated, e.g., II-II (Secunda Secundae). For a Latin and English edition of the treatise On Law, see St. Thomas Aquinas, Summa Theologiae, Volume 118, Law and Political Theory (Cambridge: Blackfriars, 1966). For an English translation of the treatises On Law and on The Old Law, see Anton Pegis, Basic Writings of Saint Thomas Aquinas, Volume 2 (New York: Random House, 1945), pp. 742-948. The Leonine text of the Summa Theologiae (Rome: Marietti, 1950) is principally relied upon here. 1 DANIEL A. DEGNAN, S. J. ation, as Aquinas states it, the general principles of natural law do not dictate the content of positive law. Rather positive law determines or specifies, in some way, the general principles of natural law. 2 The relationship of determination contrasts with another, more familiar type of relationship of positive law and natural law asserted by Aquinas, the derivation of positive law from naitural law " by way of conclusion ". In this relationship, positive laws are enacted which closely resemble specific natural laws or moral rules. For example, the legal prohibitions of homicide and theft resemble the moral injunctions against murder and stealing. In the way of conclusion, the natural law does dictate in some fashion to the positive law. 3 In Thomistic theory, this form of relationship of positive law and natural law, however, is limited to a relatively few moral injunctions; it accounts for very little of positive law; and it contrasts with determination, in which the natural law furnishes no specific guidance to positive law. Almost all of the positive law, according to Aquinas's two models to be studied here, is related to the natural law not by way of conclusion, but by way of determination.4 Probably the reason why Aquinas's models of "determination " have been neglected in Thomistic studies is a difficulty a. 2 and replies 1, !l, S. a. 2 and reply 2. On the "conclusions", see Q. 99, a. 2; Q. 100. 4 See Q. 104; Q. 105. See Anton-Hermann Chroust, "On the Nature of Natural Law:", in Paul Sayre (ed.), Interpretations of Modern Legal, Philosophies (New York: Oxford University Press, 1947), page 77, note 21, page 83: "Perhaps the gravest and most deeply rooted misconception of the true nature of Natural Law is to be found in the assumption that Natural Law has a specific and concrete content and that this content is absolute and self-evident." See also Chroust, " The Philosophy of Law of St. Thomas Aquinas: His Fundamental Ideas and Some of His Historical Precursors", 19 American Journal of Jurisprudence 1 (1974); Michael B. Crowe, "Natural Law Theory Today: Some _Materials for Re-Assessment", 109 Irish Ecclesiastical Review 353 (1968); Jacques Leclercq, "Natural Law the Unknown", Natural Law Forum 1 (1962); Mark R. MacGuigan, "The Problem of Law and Morals in Contemporary Jurisprudence", 8 Catholic Lawyer 293 (Autumn 1962); George M. Regan, "The Need For Renewal In Natural Law:", 12 Catholic Lawyer 135 (Spring, 1966); Joseph O'Meara, "Natural Law and Everyday Law", 5 Natural Law Forum 83 (1960). 2 Q. 95, 3 Q. 95, TWO MODELS OF POSITIVE LAW IN AQUINAS 3 which arises from the models themselves, especially from the model of the judicial precepts or civil laws of the Jewish people. In Aquinas's study, these laws seem to bear little or no relationship to the natural law. Examining laws ranging from the form of government to the liability for the loss of a cow, Aquinas never once refers to the natural law. When Aquinas states the reasons for the difforent laws, his arguments are practical and pragmatic. The appeal is to what is reasonable or effective in the particular case and to the consequences of the law. There is no appeal to the natural law. Discussing the Jewish constitution, for example, Aquinas states that it provided for a single ruler, and for a senate consisting of " elders in virtue ". The ruler was chosen by all of the people, and all of the people were eligible to become ruler. This system, Aquinas reasons, rested on the principles that the people should share in the rule and that the best person should be chosen as ruler. The senate of elders in virtue was designed to bring additional virtue and good judgment to the government. Aquinas urges that the people would love and respect a government in which all were eligible to rule and in which all participated in the choice of the ruler. The argument, which borrows from the Politics of Aristotle, does not once appeal to the natural law. 5 The Jewish law of inheritance provided that the eldest surviving son should be the heir, but if there were no sons, daughters were to share equally in the inheritance. Aquinas reasons that the purpose of this law was to keep property evenly divided among the tribes, since if a daughter married outside the tribe her property would shift to another tribe. The exception for female inheritance in the absence of male heirs is justified, since in this situation parental love should not be defeated. 6 Aquinas discusses the liability of the borrower of an animal when the animal has sickened and died while in the borrower's hands. Jewish law reasonably provided, Aquinas states, that if 5 Q, 105, a. 1. o Q. 10.5, a. 2 and reply 2. 4 DANIEL A. DEGNAN, S. J. the animal died from the neglect of the borrower, then the borrower should compensate the owner for his loss; otherwise the owner should bear the loss.7 The reasons advanced by Aquinas for the different constitutional and civil laws are practical, relatively detailed, and related to the Jewish people's tribal economy and culture. Although there are appeals to principles of government, to the fair allocation of loss between two persons, and to the fair distribution of wealth among the tribes, there is no appeal to the natural law. Aquinas insists, nevertheless, that these positive laws of the Jewish people a11e the determination, by positive law, of general principles of natural law. It is the premise of this article that Aquinas must be taken seriously and that his own models of determination off.er an understanding of the relationship he asserts between positive law and natural law. The method followed is to use the models of positive law to offer insights into Aquinas's theory of determination and to confirm and illustrate the theory. The relationship of most of positive law to general principles of natural law in Thomistic theory, it is the thesis of this article, is a relationship of means to ends. This means-to-ends relationship of positive law and natural law is qualified and modified, however, by the structure of justice. The general principles of natural law express the structure of just relationships among humans. Positive law, as the means to the end of justice, undertakes to create a system of just legal relationships. More broadly, Aquinas's theory of determination has a fourfold meaning: (1) it is a theory of the drive to justice as the moral source and end of positive law; (2) it is a theory of the capacity of legal reason to know justice; (3) it is a theory of the moral quality of positive law; and (4) it is a theory of the common good, the end of law. In section I, Aquinas's theory of the relationship of natural 7 Q. 105, a. 2, replies 4, 5. The ceremonial precepts and the judicial precepts, in Aquinas's view, are divine positive laws, but, as determinations of the general principles of natural law, they are like human laws. See Q. 99, a. 4. TWO MODELS OF POSITIVE LAW IN AQUINAS 5 law and positive law is reviewed. Section TI examines the model of the ceremonial precepts. Section III studies the judicial precepts, the equivalent of modern positive law. Section IV then states a general theory of determination. I Natural Law and Positive Law: The Process of Practical Reason Natural law and positive law are presented by Aquinas as two parts of a single process of practical reason ordering and ruling actions for an end, the common good. In this process, natural law represents general principles of action formed by practical reason. Aquinas then defines positive law in terms of a process from these general principles. In the enactment of every positive law, Aquinas holds, practical reason" proceeds" from general principles of natural law to the particular enactments of positive law. 8 Aquinas's meaning, it will be seen, is that positive law is, or should be, ordered to general ends expressed in the general principles of natural law. In this section, Aquinas's theory of natural law is first presented, then his theory of positive law. 1. Natural Law. Thomistic natural law is usually identified with a set of specific moral judgments such as the prohibitions of murder and s Q. 94, a. 2. Practical reason proceeds from its principies by investigations of reason, the product of which is not natural law. Q. 94, a. 3. See also, Q. 94, a. 4. See D. O'Donoghue, "The Thomist Conception of Natural Law", 22 Irish Theological Quarterly 89 (1955); F. C. Copleston, Aquinas (London: Penguin Books, 1955), chap. 5; R. A. Armstrong, Primary and Secondary Precepts in Thomistic Natural Law Teaching (The Hague: Martinus Nijhoff, 1966); John E. Naus, S. J., The Nature of the Practical, Intellect According to Saint Thomas Aquinas (Rome: Analecta Gregoriana, 1959). For a specialized, but important study on natural law as practical reason, see Germain G. Grisez, "The First Principle of Practical Reason: A Commentary on the Summa theologiae, l-2, Question 94, Article 2 ", 10 Natural Law Forum 168 (1965). See also Walter Farrell, O.P., The Natural, Moral, Law According to St. Thomas and Suarez (Ditchling: St. Dominic's Press, 1930), p. IOL 6 DANmL A. DEGNAN, S. J. theft. Such rules are important in Thomistic moral theory, but to focus on them can obscure the nature and source of Thomistic natural law. Natural law, in Aquinas's view, consists primarily in the general principles of every human act. In every action practical reason, ordering or directing the action, should proceed from general principles of natural law to its decision concerning the particular action or conduct. This process is not deductive. 9 It is an ordering of means to ends, in which natural law expresses general ends which are at the base of all moral action. This process of practical reason is analogous, according to Aquinas, to the process of speculative reason. These two types of reason are in reality one power of reason or intellect exercising different functions and operating by different principles. Speculative reason is human reason engaged in knowing the truth of things; practical reason is reason engaged in directing human action. Aquinas explains that in speculative reason the first principle of knowledge is the principle of contradiction, the principle that one cannot both affirm and deny the same thing at the same time. This principle rests upon reason's understanding of the idea or notion of being: "being is not non-being". All knowledge, Aquinas holds, is founded upon the principle of contradiction. 10 In practical reason there is, analogously, the first precept of natural law, the precept that good is to be done and sought after, evil avoided. This precept is founded upon reason's perception of the nature of the good: the good is what everything seeks. Based upon this understanding of the good, practical reason forms the first precept of natural law: the good must be done, evil avoided. All action is founded upon this precept, just as all knowledge is founded upon the principle of contradiction. In both forms of reason, speculative and practical, however, 9 Q. 94, a. iii. See F. C. Copleston, Aquinas (London: Penguin Books, 1955), chap . .5, pp. 178-186; John E. Naus, S.J., The Nature uf the Practical Intellect According to Saint Thomas Aquinas (Rome: Analecta Gregoriana, 1959), pp. 17-34 and 10 Q. 94, a. TWO MODELS OF POSITIVE LAW IN AQUINAS 7 the process of reason has only its roots or beginning in the first principle or precept. 11 In practical reason, Aquinas also proposes a set of general principles of action which he calls general principles of natural law. The general principles of natural law are based upon natural inclinations in mankind. There are, Aquinas states, certain natural inclinations in mankind: the inclination which man shares with all beings to preserve himself in being; the inclination which man shares with other animals to the procreation and education of offspring; the inclinations which are proper to man as human to live in human society and to know the truth about God. 12 By natural inclinations Aquinas means basic tendencies or drives in man. The natural inclinations are not sense appetites or even rational appetite or will. Man's natural inclination to the procreation and education of children, for example, is closely related to the sex appetite, but the inclination is more general and more fundamental than the appetite, embracing other aspects of man's nature. The natural inclinations are man's tendencies or drives to his own good.13 In accordance with each of these inclinations, Aquinas says, practical reason forms general principles of natural law. Through the inclinations, practical reason naturally and immediately knows certain human goods or ends. 14 The first principle of human action, the precept that the good is to be done and sought after, thereby applies to these naturally known goods. Naturally knowing a good or end such as life in society, practical reason naturally and universally judges that this good is to be sought after, its contrary avoided. Thus the general principles of natural law are founded both upon the first precept of natural law and upon natural inclinations to certain general 11 lbid. "Man" is generic, meaning the human. see F. C. Copleston, supra note 9 at 218; William E. May, "The Meaning and Nature of the Natural Law in Thomas Aquinas", 22 American Journal of Jurisprudence 168 (1977). 14 " Because good has the nature [' ratio ' or intelligibility] of end . . . . that [end] to which man has a natural inclination, reason naturally apprehends as good ... " Q. 94, a. 2. 12 Jl;id. 1. 3 Ibid.; 8 DANIEL A. DEGNAN, S. J, human goods or ends. 15 At this point, Aquinas does not identify the general principles formed according to the natural inclinations. At different points in his later text, however, Aquinas identifies various general principles: the principle that harm should be done to no one; the principles of love of God and love of neighbor. The substance of these natural law principles, it will be seen, rests upon a complex view of natural law and of justice. The natural inclinations, however, are at the root of Aquinas's theory of natural law. Besides the general principles of natural law, there are also natural law "conclusions" related to the principles. Reason in a few cases knows naturally and immediately that certain actions are to be done, their contraries avoided. Reason judges, for example, that murder and theft are wrong. These judgments, according to Aquinas, are like conclusions drawn from the general principles of natural law. The drawing of conclusions is not a deductive process, however. Aquinas explains that the conclusions are so " close " to the principles that they are known naturally and at once from knowing the principles. When the principles are known, no extended reasoning is necessary to know a certain few moral judgments. 16 The conclusions prohibit or prescribe specific actions: murder ,and theft are prohibited, the honoring of one's parents is commanded. The conclusions are relatively few in number. Not many specific actions are so close to the principles that they can be known at once as good or evil, from knowing the principles. 17 Aquinas also proposes a difference in man's knowledge of the 1 5 "This is the first precept of the law, that good is to be done and pursued, evil avoided. And upon this precept all the other precepts of the law are founded: in that things which ought to be done or not done belong to the law of nature when reason naturally apprehends them as human goods." Q. 94, a. 2, including replies 1, 2. See Germain G. Grisez, "The First Principle of Practical Reason: A Commentary on the Summa theologiae, 1-2, 94, Article 2 ", 10 Natural Law Forum 168 (1965) . 1a Q. 94, a. 4, a. 5, a. 6; Q. 99, a. 2. The conclusions are "close" to the principles. Q. 95, a. 5. See also Q. 99, a. 2 and Q. 100, a. I, that the conclusions are explicit almost at once from knowing the principles. 11 Ibid., and Q. IQO, TWO MODELS OF POSITIVE LAW IN AQUINAS 9 general principles and the conclusions. The general principles are known to all men, since they are based upon man's natural inclinations, but the conclusions are not always known to all men. For example, through ignorance or moral corruption, men have thought that the£t was proper. In general, however, from their natural knowledge 0£ the principles, men do know the conclusions or first applications 0£ the principles. 18 In this explanation 0£ natural law, there are goods to which man has a natural or fundamental tendency and practical reason knows them, therefore, as human goods or ends. In accordance with the inclinations, the general principles 0£ natural law are then formed by reason. These principles require and command that the ends be pursued, their contraries avoided. The explanation 0£ this moral ought or absolute is practical reason's first precept, based on reason's understanding 0£ the nature 0£ the good, that good is to be pursued, evil avoided. In practical reason, these general principles 0£ natural law are first principles 0£ action, in a manner analogous to the role 0£ the general principles 0£ speculative reason. 19 This idea 0£ natural law as first, general principles 0£ practical reason is essentially incomplete without a theory 0£ positive law. Natural law offers only a "first direction" to our acts in Aquinas's words, the first principles 0£ the work 0£ positive law. 20 18 Q. 94, a. 6. See also, Q. 94, a. 5, on change in the natural law. 91, a. 3 and reply l; Q. 94, a. 2. A problem, in natural law, is that each man's individual judgment forms the general rule of action. How can an individual's reason be called law? Only the ruler representing the community can make such rules of action for the common good. (Q. 90, a. 3) In general, Aquinas's response is that the first principles of practical reason, the natural law, are orderings for the common good, although constituted by man's reason. See Q. 94, a. l; Q. 91, a. 2 and replies 1, 2, 3. Theologically, natural law is an active sharing, through human reason, in God's Eternal Law. The Eternal Law, however, is not known directly by us. See Q. 91, a. 1 and replies; Q. 93, a. 2 and replies. See Copleston, Aquinas, supra note 9, at 212, 213. Aquinas places moral law in a metaphysical or philosophical setting more than in a theological one, according to Copleston. 20 Q. 91, a. 2, reply 2; Q. 91, a. S. 19 See Q. 10 DANIEL A. DEGNAN, S. J. 2. Positive Law. Aquinas's entire theory of positive law is developed in terms of a process of practical reason from general principles of natural law to the particular enactments of positive law. Natural law, Aquinas states, is not sufficient to regulate human conduct. Aquinas invokes the parallel to speculative reason. Just as the naturally known principles of speculative reason (the principle of contradiction and the principle of identity) do not furnish knowledge of particular truths, so the general principles of natural law do not provide the directives for particular laws. Human reason must proceed from these principles to the particular sanctions of positive law. 21 This process of reason is explained by Aquinas as the " derivation" of positive law from general principles of natural law. There are two methods of such derivation, one resembling the drawing of conclusions from principles, the other like "the determination of certain common things ". The first way is analogous to the operations of speculative reason, where from principles of knowledge conclusions are demonstratively produced. Certain things, Aquinas continues, are derived from natural law by way of conclusion. Thus " Do not kill " is a kind of conclusion drawn from the principle that evil ought to be done to no one. 22 Aquinas is not suggesting that these practical conclusions or rules of action are drawn deductively. He is, rather, repeating his analysis of the formation of natural law in which general principles of action are formed in accordance with natural inclinations and certain conclusions or specific rules of action, such as " do not kill ", are known at once because they are close to the principles. The second way of derivation introduces a new concept, one not developed in Aquinas's theory of _natural law. This method, according to Aquinas, resembles the method in the arts, "where common forms are determined to something special." Thus an 21 Q. 91, a. 3 and 22 Q. 95, a. !l. replies 1, !!, 8. TWO MODELS OF POSITIVE LAW IN AQUINAS 11 architect, when he draws the plans for a house, necessarily determines the common form of house to this or that particular figure or form. Aquinas also offers an example of this method. The law of nature requires, he states, that one who sins deliberately should be punished. That a person be punished with this or that punishment for a particular sin, however, is a kind of determination of the natural law. 23 It is the second method of derivation, the way of determination, which sharply distinguishes positive law and natural law. What is contained in positive law in the second way, by way of determination, Aquinas states, has its force solely from its institution as law. Determination is equated by Aquinas with Aristotle's concept of the legally just or the just by convention. In determination, it does not matter in the beginning whether a thing be this way or that. 24 In determination, reason proceeds from the general principles of natural law directly to the particular enactments of positive law. In this process, no natural law conclusions are involved. Such immediate judgments (known at once from knowing the principles) do not guide the enactment of positive laws. 25 The likeness is to the arts. An architect determines or specifies the common form of house by designing a particular house. In determining the common form, the architect exercises judgment and imagination. By analogy, a general principle of natural law is determined by positive law 23 Jbid. 24 Q. 95, a. 2, replies 1, 3. In contrast to determination, the things contained in positive law by way of conclusion are not attributable solely to their institution or enactment by positive law. Positive laws prohibiting homocide, for example, embody the natural law conclusion that murder is evil and some of their force is from the natural law. Aquinas is careful to say, however, that the force of a positive law prohibiting homicide also comes from its institution. Its existence as positive law, and its particular form and content, are the product of legal enactment. The legal process has ends and means distinct from the purely moral. See Q. 95, a. 3, on the quality of human law, and Q. 96, on the power of human law. See Jean Dabin, General Theory of Law, in Legal Philosophies of Lask, Radbruch, and Dabin (Cambridge: Harvard University Press, 1950), sections 134-165, pages 353-382. '25 See Q. 95, a. 2, reply 2, distinguishing the "natural right", derived by way of conclusion, from the determination described in reply 1. 12 DANIEL A. DEGNAN, S. ,J. when the lawmaker, eXjercisinghis judgment, enacts a particular law. Although a general principle of natural law does not prescribe what law should be enacted, the principle, it appears, is the principle or standard by which particular laws should be measured. In the example of punishment, natural law requires that a person be punished for sin or fault, but it is positive law which provides the punishments for specified crimes. The principle that deliberate fault be punished is implemented in a specific and concrete way in the legal enacitment. In the metaphor of the architect, the common form of house, while not prescribing the particular house to be built, is a standard of some kind for the architect's work. At this point, Aquinas ends the discussion of determination abruptly, to resume it with the models of natural law and positive law presented in his study of the Old Law. Based upon his explanation of natural law and positive law, however, Aquinas has presented a fairly complete theory of determination. Natural law is identified primarily with first principles of reason directing human acts to ends. Naturally tending to certain things, man knows them as human goods or ends. From reason's recognition of the good, practical reason forms general principles or rules of action related to these ends, the general principles of natural law. Positive law also represents an ordering to ends. In practical reason, the end is the principle of an action. Particular ends, further, are ordered to more general ends. Thus in the process of practical reason from general principles of natural law to particular legal enactments, the natural law principles express general ends and the general demand for action to achieve those ends. Positive law is the instrument for the achievement or accomplishment of the general demands stated in the principles. In the concept of determination, positive law is an ordering toward the general ends expressed in the general principles of natural law. This view of determination is confirmed in Aquinas's model of the ceremonial precepts. TWO MODELS OF POSITIVE LAW IN AQUINAS 18 II The Ceremonial Precepts The general ends to which the ceremonial precepts are addressed are found in the model of the moral precepts. The ceremonial precepts are an ordering to those ends. I. The moral precepts: the model of natural law. Aquinas's model of natural law is found in his study of the Decalog or the Ten Commandments given by God to Moses. Aquinas explains that when the Decalog was promulgated, the general principles of natural law were known to men and it was therefore unnecessary to announce or promulgate them. The conclusions drawn from the principles, however, had become obscured to natural reason because of sin, and so God promulgated these conclusions or moral precepts in the Decalog. 20 The Decalog represents two distinct " tables " of natural law ·conclusions. The first table consists in commands relating to God, such as the prohibition of idolatry. The second table consists in commandments relating to one's neighbor, such as the prohibition of murder. Both types of conclusions are natural laws in that they are known at once to reason from knowing the principles. The commandments concerning God, Aquinas states, are immediately evident to one having faith, while the commands concerning one's neighbors are immediately evident to reason. 27 The moral precepts of the Decalog, Aquinas explains, are conclusions derived from general principles of natural law. The general principles direct men to the community of men with God and with one another. To dwell rightly in the community under 20 Q. 99, a. 1, reply !!; Q. 100, a. 1, a. 8. 21 Q. 100, a. 5. Strictly speaking only the second table, the precepts based upon reason, would seem to be natural law. The conclusions of the first table, however, are derived by reason from the general principle of the love of God. Assuming faith in God, the principle of love of God and the conclusions based on it are natural laws in the sense that they are known naturally and immediately to reason and are formulated by reason. See Q. 100, a. 4, reply I. 14 DANIEL A. DEGNAN, S. J. God requires fidelity, reverence and service to God, the head of the community. Hence the precepts of the first table forbidding polytheism and idolatry and requiring reverence and worship of God are known. The community of men with one another requires that injury be done to no one, by deed or word or even in one's desire. Thus, the precepts of the second table forbidding murder, theft, adultery, false witness, and covetousness are known immediately. These conclusions are "first dictates of reason '', forbidding things that are most repugnant to reason. In the community of men, the value of life is first, and so the percept forbidding murder is the first thing formulated by reason. The owning of possessions follows life, so the precept against theft is next in order. 28 The precepts of the first table of the Decalog, Aquinas states, can be " referred " to the general precept of love of God or, as he of ten puts it, the general principle of worship of God. (Similarly, the precepts concerning the community of men can be referred to the general precept of love of neighbor, or, as Aquinas more often expresses it, the principle of the justice which is to be observed among men.) 29 Given faith in God, Aquinas asserts, the general principle of love of God is immediately evident. Moral precepts concerning worship and reverence of God are then known almost immediately from knowing the principle. This assumes that faith in God has a certain content, belief in a loving creator-God who is also man's savior. In this faith as Aquinas sees it, a person's union with God, through love, is synonymous with human happiness. Given this faith, the conclusions of the first table are first applications of the general principle of love of God. The precept that God alone is to be worshipped, for example, is a first formulation of the general demand of love of God. 30 100, a. 5. 8 and reply l; Q. 100, a. 4, a. 5, a. 6. The study of the moral precepts is based upon the process of practical reason. Q. 100, a. I. For formulations of the principles of worship and of justice, see Q. 99, a. 3, a. 4; Q. 101, a. l; Q. 104, a. I. ao Q. 100, a. a. 4, a. 5; Q. 101, a. I. 28 Q. 29 Q. 100, a. TWO MODELS OF POSITIVE LAW IN AQUINAS 15 2. The ceremonial precepts: the determination of natural law. Beginning his discussion of the ceremonial precepts, Thomas asks if they pertain to the worship of God. His answer is that the ceremonial precepts " determine " the moral precepts in the ordering to God, just as the judicial precepts determine the moral precepts in the order to the neighbor. 81 This determination by the ceremonial precepts, it quickly appears, is an ordering to the ends of worship and love of God. The study of the ceremonial precepts is entitled: " Concerning the causes of the ceremonial precepts ". 32 As precepts or laws, Aquinas explains, the ceremonial precepts are something ordered. 33 For something to be ordered, two tJiings are required: first, that it be ordered to the end, which is the principle o:f order in actions; secondly, that what is ordered toward the end be proportioned to the end. Thus, " causes" are the reasons for the ceremonial precepts taken from their proportion or relation to their end. 34 The meaning of the ceremonies was that they promoted man's interior order to God. The ceremonial precepts regulated outward ceremonies designed to foster the knowledge and love by which the soul was united to God. Like poetry and metaphor, s1 Q. 101, a. 1. 3 2 Q. 102. 33 See Q. 99, a. 1: "[l}t is of the nature of law that it imports an order to an end .... " l;n Aquinas's general definition of law, law is an ordering of reason for the common good, made by him who has care of the community, and promulgated. Q. 90, a. 4. The definition incorporates Aquinas's primary identification of law as a rule of practical reason directing human acts; followed by the identifying of law as type or species of practical reason. Law is identified by its end, the common good. From this it follows that laws axe general rules of action for all of the members of the community. Laws axe the product of the practical reason of the ruler, ordering actions generally for the common good. Laws also exist in the reasons of the citizens, to whom they must be promulgated, as rules of action directed to an end, the common good. Q. 90, aa. 1, 2, 8. See also Aquinas's theory of the human act (expressly referred to in Q. 90, a. 1): Q. 8, aa. 1, !?; Q. 9, aa. 1, 8; Q. 10, a. 2; Q. 12, aa. l, 8; Q. 13; Q. 17, aa. 1, 2: F. C. Copleston, Aquinas (London: Penguin Books, 1955), ch. 5; F. C. Copleston, History of Philosophy (New York: Newman Press, 1950), Vol. II, pages 898, 899, 406. 34 Q. 10!?, a. 1. 16 DANIEL A. DEGNAN, S. J. Aquinas explains, the ceremonies of the Old Law used sensible images to convey truth. 35 Thus the Passover ceremony, when the Passover lamb was eaten, reminded the people of their deliverance from Egypt. By itself, the meal would have been another dinner, but in the context of religious ceremony and in light of Jewish history, the meal was a memorial of the deliverance from Egypt, a reminder of God's love for his people. 36 Aquinas asks: "Can a fitting reason be assigned to the ceremonial precepts which pertain to the sacrifices? " The sacrifices, Aquinas answers, were designed to stimulate the right ordering of the mind to God. In the sacrifices man offered his own possessions to honor God, in recognition that these things came from God. Aquinas quotes from Scripture: " ' All things are thine; and we have given thee what we received of thy hand'". He then concludes: " And so in the offering of the sacrifices man publicly acknowledged that God was the first principle and ultimate end of everything, to whom everything should be referred." 37 The reasons for particular sacrifices are stated by Aquinas through to objections. The objection is offered that sheep and goats were offered in sacrifice, but nobler animals such as lions were excluded. Aquinas replies that this selection was designed to exclude idolatry, since the pagans offered the animals excluded from Hebrew worship. The animals selected for the sacrifice, moreover, cattle, sheep and goats, were those that sustained human life.38 Sacred things such as special vessels and special times and places were prescribed so that man should be brought to greater reverence of God. Man's tendency, Aquinas asserts, is to reverence things that are uncommon, as the custom of clothing kings and princes in special robes testifies.39 The sacrifices were offered in one place, the Temple in Jerusalem, in order to strengthen man's belief in the Divine 85 Q. 101, a. 2 and replies ss Q. 102, a. 5, reply ii!. 37 Q. 102, a. S. ss Q. 102, a. 3, reply ii!. 39 Q. lOii!, a. 4. 1, 2, 3; Q. 102, a. 1, reply 1; Q. 102, a. S, a. 4. TWO MODELS OF POSITIVE LAW IN AQUINAS 17 oneness. 40 Through certain observances the people were rendered fit for worship. Thus the dietary laws forbade the partaking of blood, so that the people would abhor the shedding of blood and would avoid cruelty. 41 In this model of determination, Aquinas appeals to the role of symbolic action in worship, to the meaning of particular symbols for the Jewish people, and especially to the purposes of particular symbols and their effectiveness in arousing gratitude, love and reverence for the God of Israel. The reasons for the particular ceremonial laws, since they concern the proportion of means to ends, are relative and uncertain. They are related to historical events such as the Exodus, and to the social, cultural and economic circumstances of the Jewish people. The animals chosen for sacrifice were the animals on which the pastoral economy of the Jewish people was based. The Temple worship in a single place, Jerusalem, was able to begin only after the nation was unified. Before that the laws provided that the Ark of the Covenant should be moved about among the tribes, in order to prevent jealousy, as Aquinas explains it. In this explana:tion of the ceremonial precepts as means to the end of worship, several elements appear: (1) The general principle of worship offers a standard for enacting the ceremonial precepts and for judging their effectiveness. The principle of worship is not an abstraction, since faith in the God of Israel is faith in God as the source and end of human life. This God is also the protector of Israel, its loving savior. Some of the content of the principle of worship is known through the first table of the Decalog. Practical reason immediately formulates certain natural law conclusions relating to worship and reverence of God as first applications of the principle of worship. The general principle of worship includes the recognition, expressed in the conclusions, that God alone should be worshipped, and that ma.n should love and reverence God. (3) Although the end or principle of worship is an absolute demand, the means to the 40 Q. 102, a. 4, reply 41 Q. 102, a. 3. 5, a. 6, reply 1. 18 DANIEL A. DEGNAN, S. J. end, the ceremonial precepts, are judged in terms of their effectiveness or usefulness in achieving the end. This judgment is relative to the end; it can never have the moral quality and certainty of the end. It is conceivable, for instance, that no exterior worship or ceremony would be required of the Jewish people in certain circumstances, such as exile and persecution. (4) The principle of worship is the moral source and explanation of the ceremonial precepts. Assuming faith in a saving God who is the source of all good, practical reason demands a response of love and reverence. A part of this vesponse is the exterior symbol and ritual called for in the ceremonial precepts. (5) The ceremonial precepts, prescribing a system of worship, are specifically demanded by the principle of worship. The demand of the principle of worship, in relation to the precepts, is that external worship by the people of Israel be accomplished through a general ordering of law. The model of the ceremonial precepts is a simple, precise model of determination as the ordering, by positive law, of means to ends expressed in the natural law. This simple model is the foundation for the more complex model of the judicial precepts, but there are striking differences between the two models of determination. In the model of the judicial precepts, Aquinas discusses " reasons " for the judicial precepts, and these reasons are not presented as a simple relationship of the means adopted for the sake of achieving an end expressed in the natural law. 42 Instead, Aquinas presents relatively detailed arguments for particular judicial precepts, arguments which make no explicit appeal to a natural law principle or end. III The Judicial Precepts The judicial precepts, Aquinas states, are determinations of the general principle of the justice which is to be observed 42 Q. 105, a. !ii, reply 4. See Q. 99, a. 5, reply !ii, that the judicial precepts share a likeness with the moral precepts in that they are derived from reason. TWO MODELS OF POSITIVE LAW IN AQUINAS 19 among men, just as the ceremonial precepts are determinations of the general principle of worship. The end to which the judicial precepts are ordered is a structure of justice in society. The institution of the actual, detailed structure of justice in society is the work of positive law. 1. The principle of Justice. (1) The content of justice. The second table of the Decalog concerns the community of men. The natural law conclusions of the second table of the Decalog express an ordering of just relationships in that community. Men are related to their neighbors, Aquinas says, by deed, by word and by thought. In the matter of deeds, the prohibitions of murder, theft and adultery protect the personal existence, human relationships and the possessions of one's self and one's fellows. The prohibition of false witness protects against injury by words, and the prohibition of covetousness protects against injury by thought and against the potential of thought to lead to deeds. 43 When the first and second table of the Decalog are compared, it is clear that the demands concerning one's neighbor are as fundamental to the principle of justice as the demands relating to God are basic to the principle of worship. In observing the commands relating to his neighbor, Aquinas states, a man "stands well" to his neighbors. 44 In the model of the moral precepts, Aquinas actually works back from the natural law conclusions to the general principle of justice. Judgments concerning actions such as murder and theft, it appears, are the first moral judgments made by us. The explanation of these judgments, and their source, is the general principle of justice, a general principle or debt expressing the demand for the common good.45 Thus in the model of the moral precepts, recognition of the principle of justice is synonymous with recognition of its natural law conclusions. Practical rea43 Q. 100, a. 5. 44 Id.: " Ad proximos autem bene se habet .... " l; Q. 100, a. 4, a. 5, a. 6. 45 See Q. 100, a. 8, reply 20 DANIEL A. DEGNAN, S. J. son naturally knows a basic content 0£ the principle 0£ justice as it regulates the community 0£ men with other men. 46 The natural law conclusions concerning one's neighbor express a few demands 0£ conduct out 0£ a vast field, relationships 0£ justice among men. In the process 0£ practical reason, however, they offer a basic content to the principle of justice. Identifying the conclusions as first applications 0£ the principle of justice, Aquinas intends that the conclusions, although they are specific applications 0£ the principle, are so fundamental to it that they can be considered a part 0£ the principle. As first applications of the principle of justice, the conclusions are revelatory of the meaning of the principle itself .47 (2) The structure of justice. The central concept utilized by Aquinas in describing the natural law conclusions of the Decalog is the idea of the debt of justice, the action owed to another person. Aquinas identifies two kinds of debt, one the rule of reason, the moral debt, the other the rule of determining law, the legal debt. 48 The Decalog is about the moral debt, since it expresses natural laws or " rules of reason ", debts known naturally to reason. Among the debts to one's neighbors, the debt to one's parents is first because it is the best known. Debts to one's neighbors then follow the order of life: the debt to the life of one living-do not kill; then the debt to the life of the unborn child-do not commit adultery; and next the debt arising from the possession 0£ external goods-do not steal. 49 The concept of the debt complements and modifies Aquinas's previous treatment of law. It focuses on the natural law as the ordering 0£ justice, the prescription of an act owed to another. When Aquinas discusses the moral precepts 0£ the Old Law and the ceremonial and judicial precepts, ea,ch is analyzed in terms of the debt, the action owed to another man (or to God) .50 100, a. 8, a. 5. 1, a. 8. 48 Q. 99, a. 5 and reply I. See also, Q. 100, a. objection and reply. 49 Ibid., and Q. 100, a. 1, a. 3 and reply S, a. 5 and reply I. 50 Q. 100, a. fl and i·eply a. 8, reply !I, a. 5, reply 1 (on law as justice); Q. 99, 46 Q. 47 See Q. 100, a. TWO MODELS OF POSITIVE LAW IN AQUINAS 21 The problem is to relate Aquinas's concept of the debt of justice to the end of law, the common good. Up until the discussion of debts owed to other men, Aquinas's analysis of law had centered on a relationship of means to ends. As an ordering for the common good, law was a general ordering to ends, stating general rules of action, applicable to all members of the community. 51 Now the debt describes an action owed to one's neighbor, not to an end. In the community of men with one another, Aquinas states, a man's neighbor is not his end. 52 The solution for Aquinas is that the debt of justice has two components: the debt is an action (or omission) owed to another person, and the debt is owed to the end of law, the common good. The ordering of law is an ordering of just relationships among men and this ordering is, at the same time, an ordering to the common good.53 The moral debts expressed in natural law are almost identical with aspects of the common good, in fact. Through these moral debts Aquinas proposes that the common good, the end of law, is a structure of just relationships among men. The moral precepts of the Decalog, Aquinas states, contain the very intention of the legislator (that is, of God) and therefore they are indispensable. The first table of the Decalog contains the order to the common and final good, who is God. The a. 5; Q. 100; Q. 101; Q. 102; Q. 104; Q. 105 (on law as expressing the debt of justice). 51 " [I]t is of the nature of law that it imports an order to an end .. , ." Q. 99, a. I; see Q. 90, a. 4, for the general definition of law. And see note 33, supra, outlining this. 52 Q. 104, a. 1, reply 1. 53 Q. 90, a. I. The moral precepts are ordered to the community of men with one another and with God. The poBitive law is ordered to the civil community. Q. 100, a. 2; Q. 90, a. 4; Q. 96, a. l; Questions 95, 96, passim. In question 99, article 5, reply l, Aquinas notes that justice is the only moral area which can be determined by positive law, because justice, alone among the virtues, concerns actions or debts owed to others. There are only two types of determination: the ceremonial precepts, regulating exterior acts of worship; and the judicial precepts, regulating acts or debts of justice among men. Moral injunctions concerning the other virtues (courage and temperance) relate to justice in a metaphorical sense: the debt of the interior powers t9 reason. Q. 100, a. 2! replies 1, 2. DANIEL A. DEGNAN, S. J. second table contains the very order of justice to be observed among men, namely, that no one should do the unowed or undue thing, and that the debt or owed action should be rendered to everyone. The Decalog ought to be understood according to this idea of the debt, Aquinas adds. Aquinas is in effect identifying the moral debts of justice with the common good. The moral debt expresses the order which is " in " the common good, as Aquinas puts it. Although the moral precepts of the Decalog express only a few basic elements of the order of justice, they are "first elements" 9f the law. These debts, expressing the order of justice and virtue, are constitutive of the common good. 54 Thus, the natural law conclusions not only reveal the basic content of the principle of justice, they reveal its structure as well. It consists in fundamental debts or obligations of justice owed by one man to another. At the level of general principles of natural law, of which the moral debts are a part, these debts of justice are constitutive of the common good. One man is not another man's end, 55 and neither is each man's end a collective good to which he is subordinated. Rather the common good at this fundamental level is a structure of just relationships, consisting of debts of justice owed equally by each person to all other persons. In the model of the judicial precepts, the legal debt, the rule of determining law, shows the same structure of the debt of justice. Positive law's end, the common good, is achieved through an ordering of just relationships among men. 2. The Model of Determination: the Judicial Precepts. The judicial precepts are divided by Aquinas into four categories: constitutional laws; laws regulating the " bond " among men, such as the laws of property, contracts, and inheritance; laws regulating the family or houseaold; and laws concerning 54 Q. 100, a. 8, and reply I. A legal debt or determination can fail of course in contributing to the common good. Ibid. See Q. 104, a. 1; Q. 94, a. 1, reply 2; Q. 94, a. 2; Questions 94, 95, 96, passim. 55 Q. 104, a. 1, reply I. "Man" means man and woman, of course. See note Ii!, BUpra. TWO MODELS OF POSITIVE LAW IN AQUINAS 29 foreigners. Aquinas's source for these laws, the Bible, is hardly a legal text, and the laws are reported in a selective and imprecise way. Aquinas's own understanding of these laws is often rudimentary and his argumentation cursory, relying heavily on Aristotle's Politics. The judicial precepts, nevertheless, serve as a model of the theory of determination. In this section, the constitutional laws and the laws concerning the bond among the people are examined and Aquinas's reasoning with regard to each is related to his theory of determination. 56 (1) Constitutional laws. Aquinas's reasoning concerning the judicial precepts follows a pattern. The laws are described in general outline, and general reasons are then advanced by Aquinas for these laws. In replies to objections, some laws are looked at more closely, with Aquinas's reasoning taking on more detail. The Jewish constitution, according to Aquinas, accords with the two basic principles of right government. The first principle is that all should have some part in the rule or government, since this conserves the peace of the people, and all love and guard such a government (as Aristotle says). The second principle concerns the species of rule: the type of government or rule must be designed so that the ruler should rule according to virtue, principally justice. In the best type of rule, one ruler presides according to virtue; under him there are others ruling according to virtue; and the rule or government belongs to everyone, in that the ruler is chosen by all, and from among all the people. Israel had such a rule. Moses and his successors presided in a kind of kingdom; there were seventy-two others chosen to rule according to their virtue, and these rulers were chosen from among all the people. In the Jewish government, it is true, God chose the ruler, and God retained the ultimate rule for himself. Aquinas explains that Israel was under the special care of God and that these measures were designed to protect the people from tyranny. 57 56 Q. 104, a. 4; Q. 105, aa. 1-4. s1 Q. 105, a. 1 and replies 1, !l. l>ANIEL A. DEGNAN, S. J. Aquinas's reasoning concerning these laws of government appeals not to general principles of natural law, but to principles of government. These principles are not formed, as natural law is, by immediate, naturally known judgments; they are not moral rules or moral debts of justice. These principles are intermediate principles of action, formed in the process from the general principles of natural law to the particular enactments of positive law. These principles, however, bear a close relationship to what are in Aquinas's view the nature and sources of natural law and positive law. The first principle of government, that all should share in the rule or government, can be related to several elements of Aquinas's legal theory. (a) Law's end, the common good, belongs to all of the people and so lawmaking, according to Aquinas, belongs to the people or their representative. That the people should have a share in choosing their representatives arises not only from practical considerations, therefore, but from the end of law as belonging to the people. 58 (b) The nature of law is that of an ordering of reason for the common good. Law exists primarily in the reason of the ruler ordering acts generally for the common good. Law also exists, however, in the reasons of citizens who order their own actions through the rule of law. This double existence of law, in the reasons of the ruled as well as the reason of the ruler, supports the idea of a shared or elected government. Those who intelligently shape their actions according to law ought to share in its making, one can argue. This consideration takes on greater force when the end of law, the common good, is seen as belonging to the whole people. 59 (c) In Aquinas's idea of natural law, the notion of shared rulership has its strongest base. Natural laws are formulated by the reasons of individual men and women. Thus law at its fundamental level originates in the ·individual judgments of citizens, judgments which form both general principles of nat58 See Q. 90, a. 2, a. 8. 59 See Q. 90, a. 8 and reply I; Q. 90, a. 4; and see note SS. BU'JYT'a, on Aquinas's definition of law. TWO M,ODELS OF POSITIVE LAW IN AQUINAS 25 ural law and certain specific moral rules or natural law conclusions. When the fundamental, universal law is formed by the judgments and conscience of the citizens, it follows that the same citizens ought to share in the formation of the positive law. 60 Aquinas's second principle of right government is that the type or species of rule must be chosen for its tendency to secure the virtues of justice and prudence in the ruler. This principle rests on the end of law, the common good. It also rests on Aquinas's idea of law as the effectuation of justice. 61 The effort must be to choose the best ruler, chosen for his virtue, and to have with him a senate of others, also chosen according to virtue. Justice is required in its highest form and fullest development in the ruler, since his will and reason must encompass the good of the entire community. 62 As justice in the ruler or legislator is the highest virtue, its absence is the greatest vice. In Israel, the injustice of rulers was guarded against, for a time at least, by God himself, since God at first retained the rule to himself. God later provided, however, for the method of choosing rulers. 68 (2) The Bond Among the People. Most of the judicial precepts are treated by Aquinas under the heading of laws relating to the bond among the people. 60 See Q. 94, a. l, a. 2; see Q. 96, a. 4, that human laws which are unjust do not oblige in conscience. s1 See Q. 90, a. 1, a. 2; Q. 96, a. 1, reply 2; Q. 99, a. 4, replies 2, S; Q. 99, a. 5, reply 1. The judicial precepts are the product of " judgment ", which " signifies the execution of justice, which is according to the application of practical reason to particular things determinately." Q. 99, a. 4, reply 2. See II-II, Q. 60, a. I, that "judgment" is an act of justice. s2 See Q. 90, a. S; Q. 96, a. 1. See II-II, Q. 58, a. 6 (general justice); ibid., Q. 60, a. l, reply 4, that justice is in the sovereign or legislator "architectonically ". Judgment is the virtue existing chiefly in one who h[!s authority. Ibid. On prudence, which is closely related to justice, see ibid., Q. 47, a. 8, a. 10, a. 11; and Q. 50, a. 1, a. 2, that prudence is a virtue in the ruler. 6 3 On injustice, see II-II, Q. 59, a. l; Q. 60, a. S, a. 5. See also ibid., Q. 53, on imprudence. See I-II, Q. 96, a. 4, on unjust laws. On the Jewish nation, see Q. 105, a. l, reply 2. DANIEL A. DEGNAN, S. J. These laws regulate " communications " among men. In one category these communications take place by authority of the ruler. This category relates to the establishment of a just judicial system. It also includes an order of "just judgments" and this appears to refer to criminal laws. In a second category, communications among men may take place through the will of private persons themselves, as in selling, buying, and so on. This Siecond category covers more than private transactions such as contracts, however. It includes, for Aquinas, the distribution of goods or wealth among the people and the regulation of their use. The single principle which governs the communication of men with one another, Aquinas states, is that it must be ordered by just precepts of the law. This demand is immediately translated by Aquinas into the principle that the law should prevent irregularity in possessions, the disproportionate accumulation of wealth. The institution of private ownership of property is subordinated to this principle, and to the principle that the use of property should be partly common. 64 Aquinas begins with the fact that possessions were distinct from one another, appealing to Aristotle's discussion of the reasons for the institution of private property. By possessions Aquinas appears to refer principally to land, although at times the meaning seems more geneml. Aquinas's general argument is that " irregularity " or disproportion in possessions must be guarded against in a state or nation. The law's first remedy for irregularity in possessions related to the division of land among the tribes and families. The land was allocated equally when the Israelites entered Canaan. The law then provided that the land could not be alienated forever, but must be returned to its possessor at intervals, in order that shares should not become disproportionate. Finally, the law of inheritance was designed to preserve the shares of each tribe by requiring that women who were heirs should marry men of their own tribe. The law's second remedy against irregularity in possessions was to require that the use of property be common in some respects. Thus 64 Q. 105, a. 2. TWO MODELS OF POSITIVE LAW IN AQUINAS 2.7 people had the "fructum ", the right to enter a vineyard and eat its fruit, although not to oarry it away. The law also provided that whatever grew in the seventh year was common property, and that forgotten sheaves in the fields were to belong to the poor. The third remedy was the transfer of goods. The law regulated and facilitated buying and selling, loans and deposits, and so on.65 Aquinas offers further details and reasons in his replies to objections. It is objected that the law provided that in the fiftieth year of jubilee, land should be returned to its vendor and this destroyed the force of sales. Aquinas's rather general reply is that indiscriminate buying and selling tends to the piling up of possessions in the hands of a few. The law did not apply to moveable goods, Aquinas explains, or to houses built in town. Land was a fixed quantity, however, and it was necessary to prevent its accumulation in the hands of a few.66 Concerning loans, the law forbade usury and the accepting of necessaries of life as security. It also provided that debts should cease altogether after the lapse of seven years. Aquinas reasons that, if a man could not pay within that time, it was better to forgive the debt. Aquinas enters into a detailed discussion of the liability of borrowers or depositaries for the loss of the thing loaned or deposited. In assessing the liability, he distinguishes standards of care, depending upon whether the transaction was gratuitous or made for a consideration. 67 Aquinas's reasoning concerning irregularity or disproportion in possessions echoes Aristotle's The Politics. The standard of the constitution of the polis for Aristotle was whether it served the common interest rather than the interest of any class. In Aquinas's legal theory the end of law is the common good and Aquinas denounces 1aws which serve selfish interests. Aquinas's 65 Ibid. One suspects that Aquinas is aware of the gap between the law and the high purpose or principle he assigns to it, as when provisions for common use of property amount to the plucking and eating of fruits of the field. Aquinas supports severe measures to ensure equality among the tribes in the distribution of wealth, however. ae Ibid., reply 8. s1 Ibid., reply 4. . DANIEL A. DEGNAN, S. J. standard for measuring laws regulating the bond among the people is whether such laws maintain a generally fair distribution of goods and whether they insure that property be held in common to the extent, at least, that the requirements of life can be obtained. Aquinas moves beyond Aristotle when he justi:fies the equal distribution of wealth among the tribes. This rests on a general citizenship, in which the common good belongs to all.68 Like Aristotle, Aquinas deals with justice in a separate treatise, and the theory can only be referred to here. Distributive justice, as with Aristotle, follows an equality of proportion, based upon merit and contribution to the community. 69 Thus the equal distribution of wealth among the tribes would not demand equality of wealth among individuals. Private transactions are subject, however, to the principles of distributive justice. The restrictions on what can be given in pledge, the provision for forgiveness of debts after an interlude, and the periodic rescission of sales entail the principle that the end of law, the common good, calls for a relatively equal or at least adequate share of society's goods. Probably the most difficult point in Aquinas's model of the judicial precepts is the apparent leap from the natural law conclusions of the Decalog to the reasoning concerning distributive justice. Aquinas's theory of determination, however, is not designed to show that the decisions of positive law can be deduced from natural law, or even to show that determination represents a simple, direct ordering of means to general ends expressed in the natural law. IV Determination When Aquinas's analysis of the principle of justice, found in the models of the moral precepts and the judicial precepts, is 68 For Aquinas, the entire Jewish nation enacted law through its representative; all were eligible to be the ruler and all shared in choosing the ruler. Q. 105, a. 1. Concerning unjust law, see Q. 96, a. 4. Compare Aristotle, The Politics (ed. Ernest Barker) (New York, Oxford University Press, Book III, c. VI. 69 See II-II, Q. 61, on distributive justice. . TWO MODELS OF POSITIVE LAW IN AQUINAS combined with his earlier theory and model of positive law as an ordering to ends expressed in the natural law, the general theory of determination appears. In determination, the natural law principle of justice is the principle and end of positive law. This end is a structured end, the general debt or demand for just relationships among men. Determination is also a theory of the capacity of legal reasoning to know justice; a theory of the moral quality of positive law; and a theory of the common good, the end of law. (1) The general debt of justice. The principle and end of positive law is the general principle of the justice to be observed among men. For Aquinas, the principle of justice, based upon the inclination to life in society associated with human reason and will, is the demand for justly shared human goods, in which the claims of other men are honored as well as our own. The natural law conclusions, the first applications of the principle of justice, express debts of justice owed generally to other men. These debts reveal the structure and some of the content of the general debt of justice. The building of a just system of positive law has its end and principle in this general debt of justice. (2) The capacity to know justice. Determination is also an explanation of the capacity of legal reasoning to know the just. Positive law does not represent a direct ordering to specific ends expressed in the principle of justice. Positive law is, rather, the product of judgments of reason concerning what is just in human relationships, and concerning particular means and ends associated with achieving just relationships. The capacity of legal reason to discern the just thing in legal relationships, however, rests on the principle of justice. At the base of positive law, Aquinas holds, is the form and structure of justice, the recognition of the claims of others expressed in the natural law principles and conclusions. These claims are general laws, the very order of justice and virtue. These claims are constitutive of the common good. so DANIEL A. DEGNAN, S. J. Legal r:easoning in this view begins with a principle which expresses the nature and form of law and of justice. From this base, legal reasoning proceeds to the detailed ordering of human affairs in which relationships of men to one another are established in a system of positive law. The meaning of the general debt of justice is not only that man is a social being, but that he is a legal being. In the ordering of natural law, men know debts of justice, universal claims which men have on other men. The structure of justice, naturally known, is the source of legal reason's capacity to know the just. This and the power of practical reason itself, proceeding from its naturally known principles to the weighing and judging of particular relationships, accounts for just judgments in a given system of positive law. 70 (3) The moral quality of positive law. The moral quality of positive law is derived from its nature as the determination of the general debt of justice. Justice, Aquinas states, is first among the virtues, since it regards the good of another person. Legal justice in turn is the highest form of justice, since in legal justice, law (both moral and positive) orders human relationships and human affairs for the common good. Positive law, in this analysis, is the most important of the moral tasks, since its end is the institution of the order constitutive of the common good. Positive law is not identical with morality or justice, however. The necessity or morality of the means is from the end; it is not identical with it. Law is a coercive, limited instrument, dependent upon the capacities and dispositions of those subject to law. Law is equally subject to the limited capacities and virtues of the lawmakers. The appraisal of the justice of particular laws or of a system of law must take into account these limitations, as well as the nature of law as a means to an end. 10 Aquinas would add that a man or woman requires the moral virtue of justice in order to execute justice in any consistent way, and the intelledual virtue of prudence in order to know justice. See II-II, Q. 58, a. 1, a. 6; Q. 60, a. 1, reply 4; Q. 47, a. 8, a. 10, a. 11; Q. 50, a. 1, a. !l. TWO MODELS OF POSITIVE LAW IN AQUINAS 31 As in the model of the ceremonial precepts; law as the means to the ends of justice is relative to the economy, culture and history of any given people, as well as to the limitations of the instrument itself. The end of positive law, the common good, is itself relative and uncertain. The idea of law as the product of the process of practical reason demands this conclusion. In the process from general principles to the particular judgments of positive law, the common good is not a given. It is, rather, the product of the investigations of reason. Except for the natural law conclusions, the justice of legal arrangements is not naturally known. Aquinas's idea of the debt of justice, nevertheless, accounts for an objective quality of justice in both the moral and the legal debt of justice. At the level of natural law, certain acts and their resulting consequences for human relationships are patently unjust and should be immediately recognized as such. In the process of practical reason, one can make similar judgments concerning some of the effects of positive law. A distribution of wealth or other goods may be unjust, or the judgment rendered in a contract action may be unfair. Although the limited character of law as a means to an end and its relativity to circumstances such as the economy of the country or the capacity of a people to be just must be taken into account, laws may nevertheless be known to be unjust. (4) The concept of determination as a theory of the common good. The common good in Aquinas's thought is not a given. It is shaped by the process of practical reason instituting a system of just legal debts. The distinctive feature of this concept of the common good is that it is achieved through the work of positive law. Despite the importance of the natural law conclusions, the primary meaning of natural law as expressed in the general principle of justice is that it calls for the process of practical reason to the particular enactments of positive law. In 32 DANIEL A. DEGNAN, S. J. Aquinas's theory of law, the common good is not something known in advance, although some of its content and structure is naturally known. The common good is the product of law's institution. Aquinas calls positive law the art of establishing or ordering human life.71 DANIEL Seton Hall University School of Law Newark, New Jersey n Q. 104, a. 4. A. DEGNAN, S.J. EXPERIENCE OF GOD AND EXPLICIT FAITH: A COMPARISON OF JOHN OF THE CROSS A.ND KARL RAHNER I T IS TRADITIONAL in Catholic theology to insist that there is an experiential dimension to faith as well as an explicit, propositional dimension. The central importance of the experiential aspect of faith is clear in the Scriptures, in the Latin and Greek Fathers, and in medieval theology, right up to and including St. Thomas's emphasis on the place of the lumen fidei in the assent of faith. The Thomist position endured, side by side with other views (like the Scotist and Nominalist theologies) into the sixteenth century, where it enjoyed a period of great importance at the University of Salamanca. But the Thomist position gradually lost ground to more extrinsic views of revelation and Faith. The Church found it necessary to defend itself against what it saw as excessive appeals to private experience made in the Protestant Reformation, in Jansenism, in Illuminism, in Fideism, in Protestant Liberalism and Catholic ]\fodernism. The result in Catholic theology was stress on the objective, historical and dogmatic dimensions of revelation. Schillebeeckx has said that " the experiential aspect of faith" had " disappeared in post-Tridentine speculation about the act of faith " and that "neglect of the ' mystical aspect of faith ' in the Fathers and scholastic authors of the high Middle ages has led to the act of faith being regarded more or less as a conclusion drawn from successful reasoning." 1 The mystics themselves, however, did stress the experiential dimension of faith. John of the Cross, perhaps the greatest theologian of the mystics, developed a systematic theology of the experience of God which he firmly grounded in St. Thomas's theology of faith, learnt by him in the halls of Salamanca. 1 "The Non-Conceptual Intellectual Element in the Act of Faith: A Reaction," Revelation and Theology (New York: Sheed and Ward, 1968), !'l:SO-Sl. 33 34 DENIS EDWARDS In the twentieth century we find a dramatic return to the thought of St. Thomas Aquinas on the light of faith. At the same time we see the development of a major school of Catholic theology which returns to experience as basic to its understanding of revelation and faith, and yet attempts to keep this experiential dimension in balance with objective and historical aspects of faith. This is transcendental theology exemplified by, amongst others, Karl Rahner. In Rahner's thought the experiential dimension again finds its proper place in the theology of faith, a theology which Rahner develops in dialogue with Thomas Aquinas and the classical doctrine of the lumen fidei. There is interest in seeing to what extent Rahner's transcendental theology is compatible with the mystical theology of St. John of the Cross and to what extent it can illuminate the traditional teaching. If it can be established that the two theologies are compatible and mutually illuminating it should be possible to use the insights of both authors to develop a picture of the place of experience in the pattern of growth in faith. We will compare the two authors by examining their respective positions on each of the following areas of thought: epistemological foundation, theological foundation, theological system, theology of revelation, theology of faith, explicit dimension of faith, the nature of the experience of God, the location of the experience of God, defining characteristics of the experience of God, and the nature of the dynamism in faith. The method will be to summarize briefly each author's position and then offer some critical reflections. These reflections will arise from asking the following questions: Are the positions of the authors irreducibly different? If they are different which view is preferable? Are their positions complementary? If they are complementary, what total picture emerges from the dialogue between the two positions? Epistemology John of the Cross The human person, in the view of John of the Cross, is made up of body and soul. The soul itself has two parts, the sensory EXPERIENCE OF GOD AND EXPLICIT FAITH 35 part and the spirit. The sensory part of the soul includes five senses corresponding to the bodily senses and it also includes the imagination and the phantasy. The higher part of the soul (the spirit) has three spiritual faculties: memory, understanding, and will.2 Because of original sin the lower part of the soul is in rebellion against the higher. John of the Cross believed that human knowledge (at least in its natural state) is limited by the senses. We know through the process of sensation, abstraction, and conversion to the phantasm. We can know only through the use of forms and phantasms of things perceived by the senses. The faculties of the higher part of the soul are limited by what is available to the sensory part of the soul. The power of abstraction, by which we learn from sense experience, is called the agent intellect. But there is also, in each person, a passive or possible intellect, a term which is used to describe the receptive capacity of the human mind. 3 The natural process of human knowledge, by which the agent intellect abstracts from what is made available through the senses, is entirely inappropriate for union with God. He totally transcends anything that can be learned from the senses, any concepts we might form, or any image we might have. The only proximate and proportionate means to union with God is through dark, contemplative faith. In contemplation, God himself acts in the soul, which is entirely passive and receptive. God acts upon the passive intellect. 4 The agent intellect must be stilled so that God may act without interference. Karl Rahner Rahner's thought is built upon a theory of knowledge which is really a metaphysics. For him there is a fundamental unity between being and knowing. The human person inquires about being. This already suggests that being is basically knowable. 2 On this and what follows see Ascent 2.6.1 and the following chapters. s Canticle, 14-15: 14. 4 Canticle, 39.12. 36 DENIS EDWARDS For Rahner, the conclusion is that being and knowledge constitute an original unity. But the human knower does need to ask about being, showing that he or she is limited in both knowledge and being. In Rahner's view, being is self-luminous, but only in correspondence with the intensity of being. Knowledge is not a coming on something from outside, but takes place in the return of the knowing subject to itself. 5 What is the process of knowledge? Rahner, in Spirit in the World, discusses three moments in knowledge: sensation, abstraction, and conversion to the phantasm. When human consciousness reaches out to grasp a being in the world it does this only by reason of a pre-grasp (Vorgriff) towards infinite being. This pre-grasp is the condition for abstraction and the forming of concepts. It is also the condition for self-awareness. But the pre-grasp can occur only in the going out from self to concrete objects of knowledge. This pre-apprehension towards absolute being occurs by reason of the faculty of abstraction which is the agent intellect. 6 Metaphysics is possible, then, only if this Vorgriff towards absolute being can be the basis for valid knowledge. Rahner believes that it can. The pre-apprehension can be reflected upon and converted to the phantasm. When this occurs, it too can only take place against a V orgriff towards infinite being, and in this is revealed the limitation of the reflex knowledge of infinite being. The pre-grasp of infinite being reveals the limits of our objectification of infinite being. Infinite being can be known by way of comparison (comparatio) with finite beings, to which is added the conscious removal (r'emotio) of limits and the excessus towards the infinite that is always given in the Vorgriff.7 Metaphysics is possible as a reflection on this excessus towards absolute being. There are, then, two forms of knowledge. There is the predicamental, objective knowl.edge of beings in the world, and Spirit in the World (New York: Herder and Herder, 1968), p. 18!'l. Spirit in the World, p. 187. See Foundations of Christian Faith (New York: Seabury, 1978), p. !'lO. 7 Spirit in the World, pp. 398-399. 5 See 6 EXPERIENCE OF GOD AND EXPLICIT FAITH 87 there is also a transcendental knowledge which is an a priori light of the intellect opening up towards infinite being. This transcendental knowledge is within the reach of consciousness and can be objectified through the process of comparatio, remotio, and excessus. Comparison and reflections There would be little point in attempting an exhaustive comparison of the epistemologies of John of the Cross and Rahner. This discussion is focused on their theologies and not their epistemologies. And their attitudes to epistemology are so different that there would be little interest in such a comparison. While John of the Cross integrates aspects of epistemology from the scholastic tradition and from the writings of other mystics, he has no formal treatment of epistemology as such. Rahner, on the other hand, grounds his whole thought in formal metaphysics of knowledge, which is both original and controversial. Our interest is not in their different epistemologies as such, but in the way in which their epistemological positions determined their different approaches to experience of God and explicit faith. It is interesting to notice where they agree. Both of their epistemologies allow for two dimensions of knowledge of God, the thematic and the unthematic. John of the Cross makes use of the distinction between the agent intellect and the passive intellect. The agent intellect is dominant in our normal process of knowledge, including our discursive, propositional knowledge of the truths of faith. But another kind of knowledge occurs when God himself acts upon our passive intellect, bypassing the agent intellect. This is the experience of God which occurs in the darkness of faith as contemplation. In Rahner, a different epistemology allows for the same double_ modality in faith. There is the objective knowledge of being in the world, which is the same knowledge by which we know conceptually the truths of faith. But such a knowledge takes place against a V orgriff towards infinite being as a priori horizon. This Vorgriff 38 DENIS EDWARDS towards God is (in this graced order) an unthematic experience of God. This experience of transcendence occurs in Rahner' s thought, through the action of the agent intellect in the process of abstraction. If both epistemologies allow for the two moments in faith, the unthematic and the thematic, they are radically different in the way they explain the process. For John of the Cross, the contemplative moment is explained by God's action on the one hand, and by a new supernatural mode of operation of the theological virtue of faith on the other. His emphasis is on the supernatural nature of the gift of contemplation and on the passive role of the human subject. For Rahner, by contrast, nonconceptual awareness of God occurs as part of the structure of human knowing. Our transcendence towards infinite being always occurs, as a pri01'i horizon and ground of our knowledge of beings in the world. Because of God's supernatural elevation of human existence, we experience the God of grace in the movement by which we go out of ourselves to know others. Our awareness of transcendence is always necessarily linked to both our knowledge of beings in the world and our presence to ourselves. The different epistemologies of the two theologians (along with their different theological interests) lead them to stress different dimensions of the experience of God. For Rahner, the emphasis is on the experience of transcendence that occurs in ordinary secular life, rather than in the specifically religious activity. John of the Cross, by contrast, stresses the encounter with God in the particular religious activity of prayer. This difference is real, but we need to qualify it, since Rahner is also interested in prayer 8 and John of the Cross does have a theology of the" I-don't-know-what" (rw se que) in everyday life.9 Because of his epistemology John of the Cross teaches that discursive awareness is quite opposed to the nonconceptual s Rahner has written much on prayer, but the most important work is " The Logic of Concrete Individual Knowledge in Ignatius Loyola" in The Dynamic Ele1nent in the Ch1irch (London: Burns and Oates, 1964), pp. 84-170. o Canticle, 7.9. EXPERIENCE OF GOD AND EXPLICIT FAITH 89 awareness of contemplation. Discursive awareness, even the conceptual dimension of faith, operates through the natural mode of the agent intellect and the process of abstraction from know1edge that comes through the senses. Contemplation is totally separated from natural knowledge. In fact, normal cognitive processes have to be purged and voided. Contemplative awareness is a supernatural mode of knowledge which bypasses the agent intellect and is infused upon the passive intellect. 10 This position demands a new action of God, a new supernatural gift, which is not present in the everyday exercise of faith. This new grace is responsible for the new mode of faith. Rahn er' s epistemology pushes him in the opposite direction, towards an intimate union between nonconceptual and conceptual dimensions of experience of God. For Rahner, the nonconceptual experience always occurs in connection with conceptual awareness. Even the moment of pure prayer, the consolation sine causa, occurs in reference to an original movement out from self to beings in the world. 11 Nonconceptual experience is the necessary condition for the normal process of human cognition and volition. In our graced order, both dimensions, the conceptual and the nonconceptual, are and supernatural revelation and faith include both conceptual and nonconceptual dimensions. Here we have a distinct difference between the two theories. While John of the Cross demands a new action of grace in contemplation, a new supernatural mode of faith, Rahner will insist that mysticism occurs " within the framework of normal grace." 12 When we discuss both writers' views on experience of God we will need to return to this question and ask whether the two views of contemplative experience are compatible in the light of the difference we have been discussing. 10 Canticle, 39.12; Flame, 3.84. 11 See Rahner's " The Logic of Concrete Individual Knowledge in Ignatius Loyola" particularly pp. 145-146. 12 "Mysticism" in Encyclopedia of Theology: A Concise Sacramentum Mundi, p. 1010. 40 DENIS EDWARDS Theological Foundation: The Theology of Grace John of the Cross There are three major emphases in St. John's theology of grace: the possibility of experiencing God's grace, the indwelling presence of God, and the different kinds of presence of God. We have seen how John of the Cross was trained in the theology of Salamancan Thomists. They placed such emphasis on the inner lumen fidei in the assent of faith that they called this inner light revelation. 13 The grace of God draws the soul interiorly, and this attraction is certainly experienced by the soul. Contemplation, which always occurs in faith, is the experience of loving union with this unthematic light. The major emphasis in the thought of John of the Cross on grace is on the indwelling Trinity. The indwelling God invites us and draws us towards a union in which we become God by participation. What is demanded of us in the process of divinization is the active cooperation by which we strive for conformity to the will of God. In St. John's view God is always present to the individual. God is present ev.en to the sinner by the presence of immensity (the "substantial" presence, or presence of "essence") by which the creator holds creatures in being. This kind of presence is contrasted in the Ascent with the union of " likeness" which presupposes grace and the development of Christian life by which the human will is brought into conformity with the will of God. 14 In the Canticle St. John describes three kinds of presence: "immensity," "grace," and "spiritual affection." 15 The presence of spiritual affection describes a union with God which includes affective experience of his love. Karl Rahner Rahner, can also be said to have three particular emphases 13 See Melchoir Cano: De Locis Theologicis 2.8; Banez: In Primam partem 1.3, cf. Rene Latourelle: Theology of Revelation (New York: Alba House, 1966), pp. 191192. 14 Ascent, 2.5. 15 Canticle, 11.8, EXPERIENCE OF GOD AND EXPLICIT FAITH 41 in his theology of grace: the possibility of experiencing grace, the primacy of uncreated grace, and the supernatural existential. The a priori light of faith of the Thomist school becomes, in Rahner's thought, the permanent horizon of human knowing and loving. We experience God's grace as horizon of our human existence, and, if we have already been justified, in the transforming union of sanctifying grace. But Rahner insists that God's gracious presence is always an element within the reach of our consciousness, even if we only become reflexly aware of this at certain special times, or even if we constantly incorrectly thematize our experience of grace and, perhaps, declare ourselves to be atheists. 16 Grace is always, for Rahner, to be thought of as the selfcommunication 0£ God. 11 The primacy is always with uncreated grace. Created grace is but the effect in us of the transforming presence of God himself. Rahner attempts to describe the intimacy of the indwelling union of God with the soul, and the divinizing effect of this union by his use of the concept of quasi-formal causality. 18 Finally, there is Rahner's doctrine of the "supernatural existential." 19 By God's supernatural gift we are ontologically constituted with a hunger for God and a capacity to receive the gift of God's self-communication. We are all always constituted in this supernatural existential and this ordination to the God of grace is what is most central to the human person. In Rahner's later writings he explains that the supernatural existential is constituted by the fact that the God of grace is always present to us as offer, as supernatural formal object of human knowing and loving. 1s Foundations of Christian Faith, p. 129. 11 Ibid., pp. 116-137. 18 Ibid., p. mo. 19 See "Concerning the Relationship between Nature and Grace", in Theological Investigations 1:297-317; "Existential" in Encyclopedia of Theology: A Concise Sacramentum Mundi, p. 494; Foundations of Christian Faith, pp. 126-132. 42 DENIS EDWARDS Comparison and reflections It might be expected that John of the Cross and Karl Rahner would have radically differ.ent theologies of grace. In fact, this is not so. There are real differences between them, but there are more important areas where they are in agreement. The first of these areas of agreement concerns the experience of grace. Both inherit the Thomist tradition of the a priori formal object of faith which is constituted by God's grace. For John of the Cross, it is through this light of faith that we experience God in contemplation. For Rahner, it is through this graced horizon of human knowledge and love that we can experience God in everyday life. It is true that Rahner has extended the traditional Thomist position. But it cannot be denied that the two writers can find in the Thomist position reason to believe in the possibility of experiencing God's grace. Furthermore, there is real agreement between the two authors on what constitutes the heart of the mystery of grace: for Rahner, this is uncreated grace, the presence of God himself, while for John of the Cross it is the indwelling Trinity. John of the Cross, because of his contact with the scriptures and the mystical tradition, was able to make good use of the ancient biblical and patristic theme of the indwelling. This is precisely the tradition that Rahner recovers in his theology of grace, whe:ve it is described as the self-communication of God. Both authors recover the ancient doctrine of divinization. John of the Cross speaks of becoming God by participation. Rahner will speak of God's union with the human person by way of quasi-formal causality. It would seem that there is good reason, then, to speak of a functional equivalence between the two theologies of grace, insofar as they form a basis for a theological understanding of the experience of God and its role in the life of faith. Both writers agree that grace can be experienced and both agree that the heart of grace is the indwelling, divinizing presence of God. This major coincidence of thought is extremely important, but it must also be noticed that the two theologies are quite EXPERIENCE OF GOD AND EXPLICIT FAITH 43 different in one important area. Prior to sanctifying grace, in St. John's view, there is a natural presence of God by immensity. Rahner, goes further and holds for a supernatural presence of God (the supernatural existential) by which God constantly offers himself to men and women, even the unjustified and the srnners. It is natural, then, for John of the Cross to see the life of faith and contemplative experience of God as developments of the life of sanctifying grace, occurring in the life of baptized Christian believers. Rahner's theology of the supernatural existential enables him to speak of a universally available experi,ence of the God of grace. He can appeal to an experience of God and the possibility of an implicit supernatural faith available to all men and women at all times, including the unevangelized, atheists, and sinners. The focus of John of the Cross, then, will be on the movement within the faith life of a justified Christian believer towards contemplative experienoe. Rahner's focus will be on an experience that already occurs in every person's life and on the path from this experience to explicit faith. Theological System John of the Cross It can be argued that there are two major elements that structure St. John's theological system: the theological virtues and the active and passive nights of sense and spirit. If his system has its foundation in the indwelling Trinity and the dynamism towards deification, then we have to ask how this deification is accomplished. How can the soul be led to union with a God who is absolutely transcendent? This can happen only through the theological virtues. St. John divides the higher part of the soul into memory, understanding, and will. To these faculties, he relates the three virtues of faith, hope, and love. The virtues lead the faculties to union with God. Their first function is to void the normal operation of the faculties, since human understanding, memory and will are 44 DENIS EDWARDS entirely inappropriate (in their natural state) as means to union with the transcendent God. The faculties are, then, transformed by the virtues and operate in a supernatural way. The theological virtues, by God's grace, do constitute a proximate and proportionate means to union with him. 20 The two active nights are described in the Ascent of M aunt Carmel. The active nights emphasize the active role of the soul in the movement towards union. In the active night of sense John of the Cross describes the ascetical path as it concerns the sensory part of the soul. In the active night of spirit he describes the purification of intellect, memory, and will by the theological virtues. The passive nights stress God's action on the soul, and they are described in the book The Dark Night. The passive night of sense describes the movement from the way of sense to that of spirit, the movement from meditation to contemplation. The passive night of spirit describes God's action in leading us, through an intense purification of faith, to the joy of union with him. Karl Rahner Karl Rahner's system of theology is built upon a method of doing theology, the transcendental method. This method structures his system. The transcendental method develops from Rahner's metaphysics of knowledge (found in Spirit in the World) , his philosophy of religion (found in Hearers of the Word), and his theology of grace. It involves an inquiry into the pre-conditions by which a human person is enabled to hear an historical word of God. It means ther:e are always two interacting dimensions to any theological inquiry: there is the a priori experience of supernaturally elevated transcendence to consider; there is also the historical revelation in Jesus Christ, his_Gospel, and the Church which proclaims his teachings. Both dimensions are essential and they are intimately related to each other. Theology, then, can inquire about the transcendental depths 20 See, for example, Ascent 2, chapters 6, 8 and 9. EXPERIENCE OF GOD AND EXPLICIT FAITH 45 of a given human experience and it can also look to the message of Jesus Christ and his Church to enlighten that experience. This method becomes a system of theology, as can be seen by a glance at Rahner's Foundations of Christian Faith. The system involves, first of all, a discussion of our transcendental experience of mystery and our readiness to hear a word of historical revelation, and then a reference of the truths of faith back to this original experience of mystery. The theological system relates the truths of faith to each other and to the original mystery of God's self-communication in an organic fashion. In theology, then, the truths of faith must be ordered to the experience of grace. In this way theology can offer support to the life of faith of individuals in which the doctrines of faith must be integrated with the experience of grace in each person's life. Comparison and reflections It seems clear that the systematic structures of thought of the two authors are quite different. For John of the Cross the frame of reference is the journey of the individual soul towards the spiritual marriage in this life, and glory in the next. The theological system concerns the stages of this journey (the nights) and the gifts that empower us for this journey (the theological virtues). Rahner's system is built around the twofold movement in the Christian life (and in theology) from the unthematic and implicit to the explicit and the historical, and from the explicit back into the mystery. Rahner's system is built around the dialectical interaction between the transcendental and the historical, the unity in difference between them. As a system of thought the two theologies deal with different dimensions of the life of faith and attempt to explain different things. Although Rahner has dealt with_ the stages of Christian life, and in a special way with Christian death, yet he does not construct a synthesis that parallels the Ascent-Night of John of the Cross. And John of the Cross has no direct parallel with Rahner's transcendental reflection, although, as we shall see, his comments on the nature of contemplation can be brought into 46 DENIS EDWARDS dialogue with Rahner's transcendental analysis of the experience of God. In terms of their systems of thought, it is clear that the two authors do not contradict one another, but rather should be seen as complementary. The system of John of the Cross involves him in a concern for the stages and the movement in the journey in faith. Rahner's system is more interested in the focus, at any one stage of the spiritual journey, on the interaction between transcendental experience and predicamental dimensions of Christian faith. We have not, at this stage, attempted to decide whether Rahner's transcendental analysis is consistent with St. John's concept of faith and of contemplation. This will have to be considered in another section of this article. But we can say that the two systems of thought, as systems, are not contradictory but are concerned with complementary approaches to the theological task. Theology of Revelation John of the Cross St. John does not develop a formal theology of revelation, but there are two important texts which indicate his general approach to such a theology. In chapter 7 of the Spiritual Canticle he speaks of three kinds of knowledge of God. There is a knowledge of God through creatures, which in another context 21 he speaks of as God's trace, discernable in creation. Then there is the knowledge of God through the Incarnation and the mysteries of faith. Finally there is that knowledge which is a touch of God himself that the individual soul may experience in contemplation. But John of the Cross does not call this dark contemplative experience of God "revelation". In chapter 22 of the second book of the As0ent of Mount Carmel, he completely repudiates all requests for new revelations from God. We should not look to God to give us new information. St. John's reason is simple: 21 Canticle 5.S. EXPERIENCE OF GOD AND EXPLICIT FAITH 47 all is already given in Jesus Christ. His position is radically Christocentric. We are called simply to unite ourselves in silent prayer with this Lord who is Word and Wisdom of the Father. Karl Rahner Rahner's theology of revelation has two aspects, the transcendental and the predicamental. 22 Transcendental revelation is constituted by (1) human transcendence towards infinite being experienced as an a priori Vorgrifj in the knowing and love of beings in the world; (2) God's supernatural elevation of human nature so that the horizon of our existence is always the God of grace. This a priori formal object of our human activity is experienced, not as object amongst objects, but as nonconceptual ground and horizon for objective knowledge. This original experience of grace constitutes a kind of supernatural revelation that Rahner calls transcendental. Because of the structure of the human spirit, and also because of the dynamism of God's will to communicate himself, transcendental revelation necessarily is thematized in some way. When it is objectified in concept and word, Rahner calls it predicamental or categorical revelation. Transcendental revelation and its predicamental objectification are found throughout human history. Revelation is a universal phenomenon. But such objectifications of transcendental experience are subject to human sinfulness and error. But there does exist a special categorical revelation in the history of Israel and Christianity. This special categorical revelation is distinguished by its unambiguous awareness that it is directed by God and reaches proper objectification with his help. In Jesus Christ we find the unique and final culmination of both transcendental and predicamental revelation. The incarnation is the definitive and normative revelation. In Jesus we have the only adequate criterion for interpreting our tran2 2 See Revelation and Theology (London: Burns and Oates, 1966), pp. 9-1!5; Foundations of Christian Faith, pp. 188-175. 48 DENIS EDWARDS scendental experience of God. In terms of Trinitarian thought, Rahner would argue that the one God communicates himself to us both in Spirit (as universally available grace) and in Word (as definite, historical norm). Both dimensions are part of the one act of self-communication. Comparison and reflections Although John of the Cross does not develop his theology of revelation, nevertheless his scattered statements on this matter show a profound and comprehensive view of God's self-communication. God reveals himself to us in creation and in an absolute and normative way in Jesus Christ. In our present life we encounter the revelation of Jesus in the Gospels and the teachings of the Church and we encounter the living Lord himself in a non-conceptual way in contemplation. Rahner's theology of revelation is, of course, so much more sophisticated and much more developed. But it seems to me that there is nothing in John of the Cross's view that Rahner would reject. He would simply point out that his own theology of revelation has another dimension, that of transcendental experience. Rahner's transcendental revelation offers two changes to the position as John of the Cross understood it. It both extends revelation beyond the boundaries of John of the Cross's categories and it also becomes a means for explaining the categories that John of the Cross would take for granted. Rahner extends revelation so that it becomes co-extensive with human history. The nonconceptual encounter with God occurs, not only in mystical contemplation, but always and everywhere in human life. The two authors, then, necessarily have quite different views of the place of the experience of God in life. The transcendental approach to revelation not only attempts to explain how revelation occurs in the prophets but also attempts to explain contemplation. We will need to return to this question (the transcendental approach to contemplation) in our discuss'ion of experience of God in this article. EXPERIENCE OF GOD AND EXPLICIT FAITH 49 Theology of Faith John of the Cross In the writings of John of the Cross we find two dimensions of faith, which can be called the discursive and the contemplative. St. John presumes that the people he is addressing in his books are believing Christians who seek a closer union with God. He presumes in them a discursive, propositional faith by which they assent to the truths revealed by Jesus and proclaimed by the Church. This discursive faith is the supernatural, theological virtue, but it operates through the faculties: it comes by hearing, is shaped into images and concepts by the intellect, and is assented to in an act of will. In St. John's terms it has a " natural mode" of operation. 23 But St. John is really interested in the contemplative dimension of faith and the movement whereby an individual is led from meditation (the discursive mode) to contemplation. Contemplation is a mode of faith in which the natural light of the intellect is nullified, and we are united to God in a non-discursive way, without images or concepts. This faith is the" proximate and proportionate" means to union with God. 24 This dimension of faith is entirely "supernatural" in its mode, and since the faculties of the soul are stilled, it is described as a "passive" experience. 25 Karl Rahner For Karl Rahner, as well, there are two dimensions of faith: the implicit (often called " anonymous ") and the explicit. 26 Every human person always and everywhere is constituted in the " supernatural existential " by the fact that the God of 2a See Ascent 2: 13-15; Flame S: 84. 24 Ascent 2.9. 39.rn. 25 Canticle 26 " Faith 1. Way to Faith" in Encyclopedia of Theology: A Concise Sacramentum Mundi, pp. 496-500; Anonymous and Explicit Faith" in Theological Investigations 16, pp. 52-59. 50 DENIS EDWARDS grace is present to human freedom, offering himself in love. All human persons have already experienced this God of grace as the transcendental horizon of their knowing and loving of beings in the world. In this way, at least, the content of the preacher's message (God's self-communication) has already in some way been experienced. In fact, the individual may have responded to this experience of grace by living in fidelity to conscience and so be justified. Such persons have an implicit, supernatural faith and are, at least, " anonymous Christians." This already existing faith has to be brought to its full, explicit, and professed form. This happens through the mediation of the word: it comes through hearing. The word of the Gospel interprets and illuminates the already existing implicit faith. Implicit faith has a dynamism towards its complete, explicit form. The two forms of faith respond to God's self-communication in the Spirit (encountered in the experience of grace) and in the Word. The minister of the Gospel and the theologian have to begin from the transcendental experience of people and show the lines of connection with the explicit content of Christian revelation. Comparison and reflections Both theologians have sophisticated theologies of faith that are central to their theological systems. St. John's whole system in the Ascent-Night is a journey "in faith", depending on the articulation of faith in the second book of the Ascent. Mysticism is the fruit of the theological virtues, and never exhausts them or transcends them. For Rahner, the theology of revelation and faith is the point of integration of the pre-conceptual and the transcendental with the revelation in Jesus and the propositions of faith of the Church. It is at the heart of his system of theology, and of his transcendental method. On other points of comparison the two authors are unequal in the emphasis and attention they give to the particular matter in question, but this can certainly not he said of their theologies of faith. Here both writers can be compared on an issue in which they have offered sustained systematic reflection. EXPERIENCE OF GOD AND EXPLICIT FAITH 51 There is a real agreement in the two theologies in that both describe two moments in faith, one of which is discursive and propositional, the other of which is non-discursive and experiential. Both dimensions are essential for both authors. There is further agreement in that in both theologies there is a dynamic interaction between the two dimensions of faith. We can go a step further and state that both John of the Cross and Karl Rahner are in agreement on the explicit, propositional side of faith. This will be explored in more detail in the next section. If it is clear that they have a similar concept of explicit faith, it is also apparent that there are real differences in their views of the experiential dimension of faith. St. John's contemplation and Rahner's experience of grace are not exactly the same and they will need careful analysis in another section of this article. If we put off a comparison of the two poles of faith, the experiential and the explicit, to later sections where they are dealt with explicitly, then we can, at this stage, simply point to the major structural differences between the two concepts of faith. John of the Cross begins his analysis of faith with Christians who already live the life of explicit faith. He presumes discursive, propositional faith. In fact, he also presumes that the believer is serious about the life of prayer. He points the way from this discursive and meditative faith towards contemplative experience. Contemplation, then, is a development in the life of faith which occurs as a specific experience for a particular group of people. Rahner, by contrast, begins his consideration with everyday life experiences which precede explicit faith. He finds in this everyday life that there is an experience of God that is universally available as an a priori horizon of human knowledge and love. Rahner's universal, transcendental experience precedes explicit faith. The movement in faith is from this universally available experience of God towards explicit faith. Rahner also believes that the believer is called to prayer in the way that John of the Cross describes. DENIS EDWARDS If the two concepts of experience of God are found to be compatible, then we could suggest that the two structures of faith might be put together. The synthesis of the two positions would be as follows: there is a universal experience of God available to all men and women; this experience has an inbuilt dynamism to be completed as full, explicit Christological faith; this explicit faith must lead to contemplative experience which is non-conceptual. This synthesis suggests the analogue of a spiral: faith, in any individual life, can be seen as a continuous, upward, spiralling movement between the conceptual and nonconceptual dimensions of faith. This hypothesis will be tested in the comparisons that are made in the following pages. Explicit Dimensi-Ons of Faith John of the Cross For beginners in the spiritual life, faith is exercised in a discursive and "natural " mode. This does not rule out the nonconceptual dimension in propositional faith: we have seen that for John of the Cross, we assent to the truths of faith by reason of the lumen fidei, which is the a priori formal object of faith. But it is "natural" in its mode in the sense that it comes through hearing, is exercised by acts of the intellect, imagination and will, and is expressed in prayer which has a discursive and imaginative structure. In this mode of faith the faculties have an active role. We can consider the content of faith, in St. John's theology, by reference to his Christology, his attitude to biblical revelation, and his attitude to the propositions of faith of the teaching Church. We find that John of the Cross is profoundly Christocentric: Jesus Christ is our model in the path to union; he is the eternal mediator in our union with God; he is the spouse in the mystical marriage. 21 With regard to St. John's attitude to the scriptures, we find that scripture serves three functions for 21 See Ascent 1.13.3-4; 2.29!.6; "Prayer of a Soul Taken in Love" in Kavanaugh, The Collected Works, pp. 668-669; the whole poem and commentary: The Spiritual Cantide. EXPERIENCE OF GOD AND EXPLICIT FAITH 5$ him: it is the source of prayer; it is the norm of interpretation of contemplative experience; it provides the images and the words for expressing the experience of prayer. 28 In considering the propositional faith of the Church we find that the truths of faith are intimately linked to contemplative experience. In contemplation we encounter the very reality which is spoken of in the propositions of faith. 29 Karl Rahner Explicit faith, for Karl Rabner, is faith in a mode which is conceptual, verbal, consciously professed, communal, Christological, and ecclesiastical. It is the fullness and the goal of implicit faith. The heart of the explicit content of faith is expressed in the formula: God has given himself to us in direct proximity. 30 This one mystery of God's self-communication has two mutually conditioning aspects, grace and Incarnation. God's movement towards us in the outpouring of the Spirit and the Incarnation of the Son J'leflectsthe inner life of the Trinity. God has willed to communicate himself to us in two modes and both are central and irreducible in Rahner's thought. The other truths of faith are related to this" canon" of mysteries: Trinity, Grace, and Incarnation. 31 For Rabner, Jesus Christ is the absolute norm of transcendental experience. The grace that we experience is the grace of Jesus Christ and he provides the only adequate interpretation of this experience. We need the illumination of historical revelation to know even that it is God's grace that we experience in our transcendence, and to be able to name properly the mystery that surrounds us.82 2s See Jean Vilnet, Bible et mystique chez saint Jean de la Croix (Bruges: Desclee de Brouwer, 1949). 29 Canticle 12. so "Anonymous Christians " Theological Investigations 6, p. 894. 3 1 " The Concept of Mystery in Catholic Theology " in Theological, Investigations 4: 72-78. 32 Foundations of Christian Faith, p. 181. 54 DENIS EDWARDS The truths of historical revelation articulated in the scriptures and in the defined dogmas of the Church have a normative function for individual faith life. Rahner sees the faith life of an individual as one movement of the spirit towards God in which the nonconceptual awareness of God in grace is illuminated and interpreted by the Word of historical revelation. 88 Comparison and reflections Both John of the Cross and Karl Rahner have been accused, at different times, of neglecting historical revelation and the person of Jesus Christ. St. John of the Cross, because of his emphasis on dark, contemplative prayer experience, has been accused of neglecting the Incarnation and the humanity of Jesus. Critics have accused Karl Rahner of being too interested in the transcendental and the unthematic at the expense of the historical and predicamental. Insofar as these criticisms have any foundation in fact, they are based on the little space or attention given to Jesus of Nazareth in certain works of both authors. It is often pointed out that the Dark Night of John of the Cross has very little direct reference to Jesus Christ in the pages of commentary on the poem. It is a standard criticism of Rahner that he makes little use of the New Testament in his theological discussion. These comments are accurate enough. But it cannot be claimed that in the structure of his thought either author neglects the importance of the Incarnation or the historical dimensions of religion. Commentators sometimes seem to presume that a theological interest in the transcendental and the contemplative excludes an interest in the historical and the categorical. A genuine study of their works shows that these assumptions, in the case of John of the Cross and Karl Rahner, are quite wrong. The textual evidence in the writings of the two authors shows that both the transcendental and the historical are seen as irreducibly important dimensions of faith. ss " The Faith of the Christian and the Doctrine of the Chut()h ;', f!teological ' · InvestigatioM 14:89. EXPERIENCE OF GOD AND EXPLICIT FAITH 55 Both authors agree on the importance of the explicit side of faith. They differ in the way they articulate the content of faith. For John of the Cross, this is incidental to his articulation of the way to union with God. He does not develop a general systematic theology. Rahner, by contrast, treats all the major areas of theology, and orders them so that they can be seen as the answer to the deepest transcendental experience of the person. For Rahner, the truths of faith must be shown to speak to the original unthematic experience of God that occurs in each person's life. The Nature of the Experience of God John of the Cross ]!'or John of the Cross, contemplative faith is the only proximate and proportionate means to union with God. Knowledge that comes through the senses, through imagination, or through conceptual understanding are all excluded as proximate means to union. At the heart of the journey in faith is the movement from the way of sense to the way of spirit. In this movement, which occurs in the passive night of sense, the soul is led from meditation to contemplation. Experience of God begins, for John of the Cross, in this contemplative moment of faith. Contemplation, he tells us, is " nothing else than a secret and peaceful and loving inflow of God." 34 We find three kinds of contemplative experience in John of the Cross. :First, there is the unrecognized experience in which the soul really does encounter God but is not reflexly aware of the gift that is being given, perhaps because of an unreadiness for the ways of the Spirit or because of the purging effects of the inflow of God. 35 Then there is the normal experience of contemplation, the general loving knowledge of God, the experience of peaceful union with him. 36 Finally, there is the kind of 34 Night 1.10.6. for example, Ascent 2.13.7; Night 1.9.4. aa See Ascent 2.13.4. 05 See, Dl!JN1S 1IDWARDS experience of union with God which is highly affective and described as a touch of God or the flame of love. 87 The experience of God is always an experience of darkness and obscurity. Sometimes the experience is that of the blackness of midnight, while at other times it is more like the gentle and luminous darkness that precedes the dawn. But God is always encountered in unknowing and never in intellectual comprehension. The experience of God is characteristic as a general and global kind of experience. It is never a knowledge of particular and concrete things. It has an ineffable character and is an experience which is so simple and subtle that the encounter takes place without the mediations of images or concepts, or the normal operations of the faculties. 38 It is always a gift which is received passively by the soul. Ka.rl Rahner Our experience of God is constituted in Rahner's view by the fact that (1) our knowledge and love of beings in the world has as a priori formal object and horizon a transcendence towards infinite being, and (2) this transcendence is supernaturally elevated by God's grace. 39 This experience of God is always related to an experience of going out from self to beings in the world, and is always related to the experience of return to self that occurs in the process of knowledge of these beings. This means that experience of God occurs in and with the experience of the self and in and with the experience of the neighbor. These relationships mutually condition one another. The unity between experience of God and experience of self can be seen by a reflection on the process of knowledge. Experience of self arises only in confrontation with beings in the world, which are grasped in the light of a V orgrifj towards infinite being. Without this Vorgrifj there would be no basis for 37 Canticle 11.4. ss Ascent Z.4-6, 13; Night 1.9-10; Canticl.e 39.12; Flame 3. 39 See Foundations of Christian Faith, p. 119. EXPERIENCE OF GOD AND EXPLICIT FAITH 57 self-differentiation. But it is also true that without self-presence there can be no experience of God in the Vorgriff. 40 In a similar way our experience of God is related to our experience of neighbor. The one basic act in which we reach fully human self-consciousness is the act of going out of self, not just to any object in the world, but to the personal Thou of the neighbour. God is always encountered as transcendental depth and horizon of our love of neighbor. The explicit religious act of love of God is always dependent on an original experience of the Vorgriff towards God that occurs in our interhuman encounters. 41 But God can draw us more deeply into his love. The conceptual object, on which the Vorgriff is dependent, can become transparent and almost disappear and transcendence itself becomes the centre of our awareness, without, however, necessarily becoming objectified in consciousness. Such non-conceptual but central awareness of God is Rahner's explanation of St. Ignatius's "consolation without previous cause," where the soul is drawn into loving union with God. 42 For Rahner, the experience of God is always experience of darkness and mystery. God is always encountered in non-conceptual and unthematic experience, which can be described as immediate. But Rahner speaks of" mediated immediacy" because non-conceptual awareness of God (1) is always conditional on union with the neighbor and experience of the self, and (2) is mediated by the concepts, symbols, language, and community in which the originally unthematic encounter finds express10n. Comparison and reflections In this section we will first discuss the major difference in the two views on experience of God: the fact that for Rahner 40 " Experience of Self and Experience of God " in Theological Investigations 13, p. 125. 41 "Experience of Self and Experience of God '', p. ms; " Reflections on the Unity of the Love of Neighbour and the Love of God" in Theological lnvestigagations 6: 231-49. 42 "The Logic of Concrete Individual Knowledge in Ignatius Loyola", p. 145146. 58 DENIS EDWARDS there is a universal experience of grace while John of the Cross deals with the specific experience of contemplation. Then we will ask about the compatibility between St. John's description of contemplation and Rahner's transcendental analysis of experience of God. Finally, we shall discuss the relationship between everyday experience of God and mystical experience. Our first concern, then, is with the major difference between the two views of experience of God. John of the Cross concentrates on the experience of contemplation which occurs in the life of faith of those Christians who have committed themselves to prayer and asceticism and who have passed beyond the stage of beginners to that of proficients. It is true that he does have a concept of the encounter with God in the beauty of nature and particularly in human relationships, but this experience seems to depend upon an already existing contemplative life. It can certainly be said that contemplation is the center of his thought and is the only proximate and proportionate means to union with God. The experience of God for Rahner, however, is universally available and is the condition of ordinary human cognition and volition. It is true that there ar.e certain times when awareness of God's presence is more conscious than others. These" peak" times of transcendental experience are the ones which Rahner attempts to describe and evoke in his mystagogies. 43 In these cases transcendence towards God is still experienced as horizon of an encounter with beings in the world. But there is a further kind of experience of God that Rahner says is qualitatively different from the experience of God as horizon to knowing and loving of beings in the world. We can be drawn towards the God of grace in love without the mediation of conceptual objects. Our focal awareness, 44 then, is on God himself. But it is still an unthematic experience. The diflerence between the two views lies in the fact that 43 See, for example, " Reflections on the Experience of Grace " in Theological Investigations 3: 86-90. 44 The term "focal awareness" is from M. Polanyi Personal, Knowledge (University of Chicago Press, 1958), p. 55. EXPERIENCE OF GOD AND EXPLICIT FAITH 59 John of the Cross describes contemplation, while Rahner describes universal experience of grace which, in a particular, higher stage, becomes a prayer experience comparable to St. John's contemplation. There are two questions, then, about compatibility of these views. First, is Rahner's view that God is experienced in everyday life incompatible with anything in John of the Cross? Secondly, is Rahner's description of the experience of the consolation without cause and his transcendental analysis of this compatible with St. John's concept of contemplation? With regard to the first question, there is nothing to suggest that John of the Cross would reject Rahner's concept of universal experience of grace, as long as the special character of contemplation is respected. St. John of the Cross himself was able to find God in all things and, I think, would be open to the idea that God's grace is always the horizon of our conscious existence. Certainly his comments about the experience of transcendence in inter-personal relationships (the nose que) and his comments about the traces of God that he found in nature tend to support rather than deny Rahner's concept of a universal experience of transcendence. But what about Rahner's analysis of St. Ignatius's consolation without cause? This is, for Rahner, the highest case of the experience of God. Is Rahner's approach to this experience compatible with the treatment of contemplation by John of the Cross? Rahner has argued that the highest and most selfauthenticating prayer experience, the consolation without cause of Ignatius, is to be understood precisely as the experience of God drawing the soul into love in a non-conceptual way. It is explained, in tierms of transcendental analysis, as an awareness of God in which the conceptual object of experience fades or becomes transparent, so that the true focus is the God of grace. But this focal awareness of God is still nonconceptual in character .45 It seems undeniable that what St. Ignatius describes as con4 5 " The Logic of Concrete Individual Knowledge in Ignatius Loyola", p. 145. 60 DENIS EDWARDS solation without cause corresponds to contemplation in the language of St. John of the Cross. Both experiences are described by the authors as experiences of being totally drawn into love by God, and both experiences are of a non-conceptual union with God (this is clear in John of the Cross's description of contemplation and it is argued convincingly by Rahner that, for Ignatius, the consolation without cause refers to non-conceptual experience). Can Rahner's explanation of the consolation without cause be applied to St. John's contemplation? It seems to me that it can. There is no reason why contemplation, as described by John of the Cross, cannot be seen as the highest case of a universally available experience of grace, differentiated from this more general experience by the lack of conceptual object, and the consciousness of being drawn by God to a focal awareness of him as the center of our loving attention. But there is still a problem to be resolved. For John of the Cross, contemplation is a new supernatural mode of the virtue of faith. What constitutes contemplation for him is this supernatural mode and the fact that the normal human faculties are stilled and the soul receives God's gifts passively. Rahner's position is quite different. He insists: Moreover, it cannot be assumed that mystical experience leaves the sphere of faith and becomes an experience that is no longer faith. J\1ysticism occurs, on the contrary, within the framework of normal grace and within the experience of faith. To this extent, those who insist that mystical experience is not specifically different from the ordinary life of grace (as such) are certainly right. 46 John of the Cross and Rahner are in complete agreement that the mystical experience always occurs within the sphere of faith, but Rahner goes much further than John of the Cross when he insists that "mystical experience is not specifically different from the ordinary life of grace." This means he would certainly reject the new supernatural mode of faith in mysticism which is taught by John of the Cross. Rahner agrees that, 46 "Mysticism" in Encyclopedia of Theology, pp. 1010-1011. EXPERIENCE OF GOD AND :mxPLICIT FAITH 61 theologically speaking, there is no intermediary stage between Christian grace and the beatific vision.47 Rahner has insisted that mystical experiences are different psychologically from everyday conscious human life only in the area of nature, and therefore they can be learned. The precise difference between a non-mystical and a mystical experience is in the fact that God is experienced in "focal awareness" in a mystical or contemplative experience. Rahner has often insisted that the everyday experience of God's grace is not mysticism in the strict sense.48 Psychologically, in Rahner's view, mysticism begins with focal awareness of God, and this focal awareness is natural and able to be learned. Rahner's understanding of "focal awareness" as a learned ability is in absolute agreement with that dimension of St. John's thought which we have called the prayer of loving attention, the human stance before God that opens the soul to contemplative union. 49 This attitude of loving attention (later called by other writers" active" or" acquired" contemplation) can be learned. Both Rahner's "focal awareness" and St. John's "loving attention" ar.e not yet infused contemplation, but the necessary human, learned, pre-condition for the inflow of God. While both agree about this pre-condition, John of the Cross explains the actual human experience of the inflow of God in terms of a new supernatural mode of faith. For Rahner, the experience of God's inflow occurs through the same human faculty of nonconceptual "focal awareness." For John of the Cross, then, the psychological human awareness of God is due to two steps, the natural " loving attention " which opens the soul to God's action, and the new supernatural mode of faith which bypasses normal cognitive processes. For Karl Rahner, there is only one attitude necessary, nonconceptual " focal 47 See Rahner " Mystische Erfahrung und mystische Theologie " in Schriften rn:482. 48 See The Priesthood (New York: Seabury Press, 1970), p. 9; "The Experience of God Today" in Theological Investigations 11, p. 154. 49 Ascent 2.15.5; Night 1.10.4; Flame 3.33. 62 DENIS EDWARDS awareness", which bypasses conceptual cognitive processes, but it is still a normal human awareness. Rahner's transcendental theory allows him to deal with the human experience of God through a normal psychological process (transcendental awareness) which is yet totally other than discursive and conceptual cognition. So the greater personal depth of the mystical experience beyond the experience of grace in everyday life and the greater purity of the transcendental experiences are to be considered, in Rahner's theory, as natural human abilities. The specific difference between the extraordinary mystical experience and the ordinary experience of God's grace lies in the domain of the natural and the psychological. 50 The psychological specificity of the mystical lies, as we have already seen, in the fact that there is a pure experience of transoendence in a focal awareness when the mediation of categories ceases, or becomes transparent. While this is being said, it must not be forgotten that the whole mystical experience for Rahner is an experience of God's grace. It is not a purely natural experience. It is simply that in Rahner's view God's self-communication is already experienced in the grace of everyday life, and the further stage in this experience that is called mystical is distinguished from the general experience not theologically, but in terms of human, psychological openness to the experience. And Rahner would not deny, but rather insist, that if we move into truly mystical experience it is because of God's enabling grace and invitation. He certainly agrees with St. Ignatius that we become completely open and receptive to God only when he himself draws us into his love.51 Rahner is not suggesting that infused contemplation can be achieved by psychological effort. The human psychological mechanism does not control the action of God. Infused con50" Mysticism" in Encyclopedia of Theology, p. 1011; Mystische Erfahrung und mystische Theologie: in Schriften 12: 434-36. 51 See "The Logic of Concrete Individual Knowledge in Ignatius Loyola", p. 135. EXPERIENCE OF GOD AND EXPLICIT FAITH 63 templation, Rahner tells us, is prayer "in which God gratuitously makes himself known to an individual. 52 So when Rahner is insisting that the difference between experience of God in everyday life and mystical experience is natural, he is talking about the structure of contemplative experience in human consciousness. He in no way wishes to compromise the gratuity of God's self-communication. The degree of union to which God calls an individual cannot be predetermined or limited. " Mystical contemplation," Rahner tells us, " is always experienced as a gift." 53 But grace respects nature, and the possibility of focal awareness of transcendence is, in Rahner's view, a natural structure. At this point we have a real difference between the two authors. For Karl Rahner, the distinguishing difference between the ordinary life of grace and mystical contemplation is not theological (a new supernatural mode of faith as John of the Cross suggests) but a natural openness to unthematic experience. Can the two positions be reconciled? It has already been seen how Rahner has argued that Ignatius's "consolation without cause " can be adequately translated into modern theology as non-conceptual focal awareness of transcendence. In a similar way, it seems to me, St. John's "supernatural mode" and his emphasis on the passivity of the human person in the mystical experience can be interpreted as referring to non-conoeptual experience of God. Such an argument depends upon a hermeneutical approach to John of the Cross which inquires about his intention in speaking of a supernatural mode of faith in contemplation. He speaks of contemplative wisdom as " so simple, general, and spiritual that in entering the intellect it is not clothed in any sensory species or image". He continues: " The imaginative faculty cannot form an idea or picture orit in order to speak of it; this wisdom did not enter through these faculties nor did 52" Contemplation" in Theological Dictionary, ed. Karl Ralmer and Herbert Vorgrimler (New York: Herder and Herder, 1965), p. 99. 53 "Mysticism", in Theological Dictionary, p. 802. 64 DENIS EDWARDS they behold any of its apparel or color." 54 There is no doubt that in such descriptions as this John of the Cross is pointing precisely to the unthematic and the non-conceptual. Now if John of the Cross wanted to speak of an experience which is not tied to concepts or images, he would have no alternative but to suggest that the experience is radically other than normal discursive understanding and reflection. But the opposite of normal human understanding, in his epistemology, could only be a supernatural action of God on the passive intellect. This was the only possibility available to John of the Cross. But Rahner's epistemology allows for a kind of experience which is totally other than normal cognition and its limitation to concepts and images, and yet is still a natural and normal human experience. Rahner can appeal to an experience of transcendence which escapes the limits of conceptual cognition yet does not demand a new intervention of God. It seems to me, then, that Rahner's concept of non-conceptual transcendental experience does meet the real intention of John of the Cross, in his concern to stress that this experience of God is radically other than cognitive, discursive, or imaginative reflection about God. John of the Cross used the word "supernatural" somewhat freely and did not always mean exactly what we mean when it is used in modern theology. 55 It seems helpful to drop the distinction between natural and supernatural modes of faith. The natural mode for John of the Cross was faith which worked through discursive reflection and imagination. The opposite of this is best described as a nonconceptual mode of faith. Both modes are human and natural in that they reflect two kinds of human awareness, the conceptual and the nonconceptual, and both are supernaturally elevated by God's grace. Both authors would agree that genuine mystical experience 54 Night 2.17.3. Sanson, "L'Esprit humain selon saint Jean de la Croix" (Madrid: Publication de la Faculte des Lettres d'Alger, 1953), p. 105; Jean Orcibal, St. Jean de la Croix et les mystiques rhenofiammands (Paris: Desclee de Brouwer, 1966), p. 185; Georges Morel, Le Sens de l'existence selon saint Jean de la Croix (Paris: Aubier, 1960-61) 2: 52-52. 55 See Henri EXPERIENCE OF GOD AND EXPLICIT FAITH 65 is itself a grace and a very special one. But mystical experience is best distinguished from propositional faith by reason of the distinction, within the one supernatural faith, between conceptual and non-conceptual elements. Mystical experience is further distinguished from the everyday experience of God's grace by the fact that it is a focal awareness of transcendence and therefore a pure openness to God. Our argument is that the two views of experience of God are quite complementary. What Rabner adds to the classical concept of contemplation, as articulated by John of the Cross, is a broad context of the experience of God's grace in everyday life. Contemplation is then seen as the highest case of the experience of grace. We have agreed with Rahner's analysis of the distinction between propositional faith and the experience of God and with his analysis of the precise difference between everyday experience of grace and the moment of infused contemplation. These are Rahner's major contributions to mystical theology. John of the Cross brings to the dialogue the classical exposition of the whole path to union with God. His understanding of the role of faith in mysticism, the genius of his exposition of the Dark Night, his understanding of contemplation in its different stages and phases right up to the mystical marriage, and the many other contributions of his mystical theology are urgently needed today for a proper understanding of the development of the life of faith. Rahner's concept of the experience of God needs the illumination that John of the Cross offers. The synthesis of the insights of the two thinkers can do much to contribute to a revitalized theology of faith. Such a synthesis is possible because, in spite of apparent difficulties, the two theologies can be reconciled and found compatible without doing violence to the insights of either thinker. Location of the Experience of God John of the Cross St. John believes that contemplative experience of God may be first experienced in either the intellect or the will, although 66 DENIS EDWARDS it is more common that it is first perceived in the will as a movement of love.56 The will has a certain priority for John of the Cross as a location for the experience of God. It puts fewer obstacles to the inflow of God than does the intellect. And the goal and the bond of union is love. But John of the Cross constantly unites love and knowledge together when speaking of contemplation, speaking often of knowledge through love, or of loving knowledge. 57 With regard to the location of the experience in life, we find that for John of the Cross the emphasis is on the time of contemplative prayer. But this does overflow into life and the whole of the created universe can lead the dispossessed soul to God. We find that human relationships not only can lead the soul to God, 58 but that there is a transcendental depth in interpersonal encounters so that the mystery of God can be experienced in the other person. 59 Karl R