CATHOLIC SOCIAL AND SEXUAL ETHICS: INCONSISTENT OR ORGANIC? } OHN S. GRABOWSKI MICHAEL Catholic University of America Washington, D.C. J. NAUGHTON University of St. Thomas St. Paul, Minnesota HIS ARTICLE evaluates Charles Curran's proposal that here is an unjustifiable methodological split between recent fficial Catholic social and sexual teaching. 1 Specifically, this study will argue that the dichotomy between recent Catholic social and sexual teaching is not so sharp as Curran and others suppose, and that the real differences which do exist between these two strands are neither arbitrary nor unjustifiable in light of a Thomistic view of the human good. This study will proceed by first providing an overview of Curran's thesis concerning the divergent methodologies employed in Catholic social and sexual teaching as he and other moral theologians have presented it. It 1 We know of no writing that explicitly challenges this thesis. When this idea is mentioned it is only supported. Among the studies which mention or develop this idea see: Kenneth R. Overberg, An Inconsistent Ethic? Teachings of the American Catholic Bishops (Lanham: University Press of America, 1980); Richard Gula, What Are They Saying aboiit Moral Norms? (New York: Paulist, 1982), pp. 34-48; Reason Informed by Faith (New York: Paulist, 1989), pp. 34-35 and chap. 16; Christopher Mooney, Public Virtue (Notre Dame: University of Notre Dame Press, 1986), pp. 146-50; Richard McCormick, " The Consistent Life Ethic: Is There An Historical Soft Underbelly?", delivered for the Symposium "A Consistent Ethic of Life" at Loyola University of Chicago, November 7, 1987, pp. 10-13; and idem, "Human Sexuality: Toward a Consistent Ethical Method," in One Hundred Years of Catholic Social Teachings, ed. John A. Coleman, S.J. (Maryknoll: Orbis Books, 1991), pp. 189-97; Russell B. Connors, "Justice and Sex: Differing Ethical Methodologies," Chicago Studies 27 (1988) : 181-190; Thomas F. Schindler, Ethics: The Social Dimension (Wilmington: Michael Glazier, 1989), pp. 70-75; Patrick T. McCormick, C.M., " Abortion: Retooling for a New Frontier," New Theology Review 5 (1992): 48-61. SSS 556 JOHN S. GRABOWSKI & MICHAEL J. NAUGHTON will then offer a critique of this position by considering the unjustifiable dichotomies it creates between reason and nature, the physical and the personal, and historical consciousness and classicism. We conclude that while tensions exist between these two kinds of teaching, the social and sexual teachings of the church are held together organically rather than juxtaposed incon- I. CURRAN'S POSITION ON THE CHURCH'S MORAL METHODOLOGY Two Interpretations of Natural Law Throughout much of his work, Curran calls attention to two divergent understandings of natural law articulated in the history of Western thought and adopted by the Church. 2 Similar observations have been made by other moral theologians. 8 According to this view, Cicero ( 43 B.C.) exemplifies one strand of the natural law tradition when he speaks of " true law which is right reason in accord with nature." 4 The focus of this "order of reason " approach to natural law is on the rationality and prudential judgment of the agent in his or her own concrete situation. 5 Ulpian (228 A.D.), who describes natural law as " that which 2 See, for example, Charles Curran, "Absolute Norms in Moral Theology," in A New Look at Christian Morality (Notre Dame: Fides, 1968), pp. 74-89; "Dialogue with Social Ethics: Roman Catholic Social Ethics-Past, Present, and Future,'' in Catholic Moral Theology in Dialogue (Notre Dame: Fides, 1972), pp. 116-35; " Natural Law," in Directions in Fundamental Moral Theology (Notre Dame: University of Notre Dame, 1985), pp. 119-72; "The Changing Anthropological Bases of Catholic Social Ethics," in Moral Theology: A Continuing Journey (Notre Dame: University of Notre Dame, 1982), pp. 173-208. s See, for example, Timothy O'Connell, Principles for a Catholic Morality, 2nd edition (San Francisco: Harper, 1990), pp. 149-60; John Mahoney, The Making of Moral Theology (Oxford: Clarendon Press, 1987), p. 110; Gula, What Are They Saying, pp. 34-35 and Reason Informed, pp. 222-223. 4 De Republica, lib. iii, c. xxii: "Est quidem vera les recta ratio, naturae congriiens." The citation is from M. Tullii, ed. (Rome, 1852), pp. 405-406. 5 See T. O'Connell, Principles, pp. 150-51, and Gula, What Are They Saying, p. 35. CATHOLIC SEXUAL AND SOCIAL ETHICS 557 nature has taught all animals," exemplifies a very different approach. 6 This strand of natural law, the "order of nature" approach, inclines toward physicalism because of its emphasis on conformity to biological properties or finalities and because it focuses on the commonality between humans and animals. 7 For Curran and other moral theologians these differing strands of natural law have led, especially in recent thought, to markedly different worldviews, anthropologies, and moral methodologies. The focus on the " order of reason " has proved to be more in harmony with modern understandings of the world, with their awareness of growth, process, and historical consciousness. 8 It likewise has proven receptive to an inductive and experiential approach to moral reasoning, and thereby emphasizes the particular and contextual character of moral choice over deductively derived absolute norms. 9 The result is a greater emphasis on the open-ended character of the moral enterprise. As one's apprehension of reality changes, so should one's understanding of moral norms and reasoning. Echoing Curran in this regard, Gula points out that "insofar as reason's grasp of reality is always partial and limited, moral norms are necessarily tentative." 10 These developments also encourage a greater focus on the person as moral agent. According to Curran, this type of " personalism " is characterized by a relationality-responsibility s Imperatoris Iustiniani Institutiomtm, lib. 1, t. 2. pr: "!us naturale est, quad natura omnia a11iinilia dornit." The citation is from the edition by J. B. Moule (Oxford: Clarendon, 1923), p. 100. Ulpian makes this remark with reference to human procreation, but goes on to add that human beings obey this law through the use of reason and out of a sense of duty. 7 Curran, "Natural Law," pp. 127-32, and Gula, What Are They Saying, p. 35. For background, see Michael Crowe, "St. Thomas and Ulpian's Natural Law,'' in St. Thomas Aquinas 1274-1974: Commemorative Studies, vol. 1, ed. Armand A. Maurer (Toronto: Pontificial Institute of Mediaeval Studies, 1974), pp. 261-82. s Curran, "Natural Law," pp. 137-40; Gula, What Are They Saying, pp. 18-22, and Reason Informed, pp. 30-36. 9 Curran, "Natural Law,'' pp. 140-41; Gula, What Are They Saying, pp. 22-25. 10 Gula, What Are They Saying, p. 42. 558 JOHN S. GRABOWSKI & MICHAEL J. NAUGHTON model that understands "the human person in terms of one's multiple relationships with God, neighbor, world, and self and the call to live responsibly in the midst of these relationships." 11 In contrast, the " order of nature " strand of natural law sees reality as composed of static and immutable essences, from which one can deduce absolute moral norms. Insofar as it sees the physical qualities of actions or the natural finalities of biological processes as morally determinative, this strand is characterized by a kind of "physicalism." 12 Physicalism, as opposed to "personalism," refers to the tendency in moral discourse to focus on the biological dimensions of the person or of human action in the process of moral judgment. Application to Church Teaching Curran and other moral theologians maintain that elements of both the " order of reason " and the " order of nature " approaches can be found in the thought of Aquinas which has proved influential in the formulation of magisterial moral teaching.13 The "order of nature" with its inherently physicalist pre11 Curran, "Official Social and Sexual Teaching," in Tensions in Moral Theology (Notre Dame: University of Notre Dame Press, 1988), p. 96. See also his " Methodological Overview of Fundamental Moral Theology," in Directions, pp. 3-27. According to Gula, this brand of "personalism " is " characterized by placing emphasis on dimensions of the human person and human actions which extend beyond the physical and biological to include the social, spiritual, and psychological dimensions as well." See Gula, What Are They Saying, p. 35. For a more extended consideration of this personalism, see Louis J anssens, " Personalism in Moral Theology," in Moral Theology: Challenges for the Future, ed. Charles Curran (New York: Paulist Press, 1990), pp. 94107. 12 Curran, "Natural Law," p. 127. Cf. Gula, What Are They Saying, pp. 35-36. For a brief historical survey of this emphasis on the physical nature of acts in moral theology, see B. V. Johnstone, "From Physicalism to Personalism," Studia Moralia 30 (1992): 76-78. 13 See Curran, "Absolute Norms," pp. 77-84; "Natural Law," pp. 127-31; Gula, pp. 35-37; Timothy O'Connell, pp. 153-55. Lisa Sowle Cahill also describes Aquinas's understanding of natural law as having physicalist tendencies without citing the influence of Ulpian; see her Between the Sexes: Foundations for a Christian Ethics of Sexuality (Philadelphia: Fortress, 1985), pp. 108-9. CATHOLlC SEXUAL AN:b SOCIAL ETHICS 559 occupation with biological finality continues to inform the Church's prohibitions in the matters of sexual ethics, particularly in the encyclicals Casti Conn>ubii (1930) and Humanae Vitae ( 1968) .14 This understanding of the " order of nature " with its ahistorical and deductive orientation has also informed social encyclicals such as Rerum N ovarum ( 1891), Quadragesimo Anno ( 1931), and to a lesser extent Laborem E.xercens ( 1981) .15 The church's social teaching after 1960, however, demonstrates an increasing dependence upon the " order of reason" approach to natural law.16 The decisive moment of this process is said to have been reached in Vatican II's Pastoral Constitution on the Church Gaudium et S pes which repudiated the classicist world view in favor of experience, personalism, induc14 Cf. Gula, What Are They Saying, pp. 36-9. For a more extended critique of the teaching of Humana.e Vitae, see Curran "Natural Law," pp. 119-72. For a similar critique of the more recent document of the Sacred Congregation for the Doctrine of the Faith, Declaratio de quibusdam questionibus ad sesualem ethicam spectantibus (1976), see Curran, "Sexual Ethics: A Critique," in Issues in Sesual and Medical Ethics (Notre Dame: University of Notre Dame Press, 1978), pp. 30-52. 15 For Curran's critique of pre-conciliar Catholic social thought as well as his critique of the teaching of Pope John Paul II, see " Changing Anthropological Bases" and "Dialogue with Social Ethics," in Contemporary Moral Theology in Dialogue (Notre Dame: Fides Publishers, 1972), pp. 132ff. See also Peter J. Henriot, et al., Catholic Social Teaching (New York: Orbis Books, 1988), pp. 18-19; J. W. O'Malley, "Reform, Historical Consciousness, Aggiornamento," Theological Studies 32 (1971) : 573-601; Susan L. Secker, "Human Experience and Women's Experience," The An:nual of the Society of Christian Ethics (1991), p. 135; Leslie Griffin, "The Integration of Spiritual and Temporal : Contemporary Roman Catholic Church-State Theory," Theological Studies 48 (1987) : 250ff.; and eadem, "Moral Criticism as Moral Teaching: Pope John Paul !I's Sollicitudo Rei Socialis;' delivered at the Symposium on Recent Catholic Social Teachings at Notre Dame University, April 24-26, 1989. 16 Curran is dependent here on M. D. Chenu, "The Church's Social Doctrine," Concilium 140 (1980): 71-75. Curran himself is somewhat more critical of the earlier social tradition and the discontinuity between it and more recent developments. See Curran, "Changing Anthropological Bases," pp. 173208; " Official Catholic Social and Sexual Teachings," pp. 88-100. In this latter work Curran describes the recent social teaching as not only more personalist and historically conscious, but also as adopting a " relational responsibility" approach to ethics. See also Gula, What Are They Saying, pp. 42-45. 560 JOHN S. GRABOWSKI & MICHAEL J. NAUGHTON tion, process, and historical consciousness-a shift evidenced in its appeals to read the "signs of the times!' 11 This new approach has been carried forward in most subsequent social teaching. However, this shift in the social teachings from the " order of nature " to the " order of reason " has not been paralleled in the church's teaching in sexual matters. Curran recognizes some development in recent official church teaching on sexuality. He points to the replacement of the language about the procreative end of intercourse as primary and the unitive end as secondary by an affirmation of their equal importance in Gaudium et Spes. 18 Even though Humanae Vitae reaffirmed this position, Curran and many moral theologians uniformly reject its teaching that spouses must preserve the inseparable unity of these ends in each conjugal act. 19 In its continued focus on particular acts, and in its understanding that the conjugal act has a natural finality toward procreation, the encyclical reflects the physicalism of the older " order of nature" strand of natural law. 2° Curran and others argue that the logic of personalism would allow the subordination of the physical end of procreation to the more personal demands of love and relationship. 21 The procreative dimension of a couple's sexual relationship need not be realized in particular acts, but can be spread over the duration of their lives together. 22 Sexuality, and particularly fertility, 17 See Curran, "Natural Law," pp. 141-43; "Dialogue with Social Ethics," pp. 125-30; and " Changing Anthropological Bases," pp. 183-6. 18 Gandium et Spes, no. 50. Cf. Curran, "Natural Law," pp. 131-32. 19 Paul VI, Hnmanae Vitae, nos. 11-12. Cf. Curran, "Sexuality and Sin: A Current Appraisal" in Contemporary Problems in Moral Theology (Notre Dame: Fides, 1970), p. 174. 2 ° Cf. Curran, "Natural Law," pp. 156-57; Gula, What Are They Saying, pp. 38-9; and Richard McCormick S.J ., N ates on Moral Theology 1965-1980 (Lanham: University Press of America, 1981), pp. 218-21. 21 Cf. Curran, "Sexuality and Sin," pp. 173-74. This is also a repeated theme in a recent study by Lisa Sowle Cahill, " Catholic Sexual Ethics and the Dignity of the Person: A Double Message," Theological Stitdies 50 (1989) : 120-50. 22 See Curran, "Sexuality and Sin," p. 174; "The Development of Sexual Ethics in Contemporary Roman Catholicism," in Tensions in Moral Theology, p. 76; and McCormick, N ates 1965-1980, pp. 218-21. CATHOLIC SEXUAL AND SOCIAL ETHICS 561 while important, are neither exhaustive nor determinative of the person. 23 As a result these realities can be subordinated to other goods at stake in relationships. 24 While commending the use of personalist language in recent church teaching, most notably in the thought of Pope John Paul II, some accuse the present pope of inconsistencies in his utilization of personalist ideas. In this view John Paul's advocacy of marital experience and personalism is at odds with a continued focus on particular acts, and hence his emphasis on the " dignity of the person " is in conflict with other aspects of his teaching. 25 Unlike the sexual teachings, Curran maintains that the church's social teaching has gone through a significant development from the order of nature ( 1891-19 58) to the order of reason ( 1961present) with John Paul II vacillating between the two orders. 26 23 McCormick, N ates 1965-1980, pp. 219-20; Cahill, "Catholic Sexual Ethics," pp. 139-43. 24 Thus Curran, contrasting his own view with the older and more physicalist approach which saw an inherent teleology in the sexual faculty, states: "A more relational approach sees the sexual faculty related to the human person, and the human person related to others, especially to the marriage partner. For the good of the marriage relationship contraception or sterilization can be justified." See "A Methodological Overview," p. 14. 25 Cahill in particular objects to John Paul's affirmations of the importance of the vocation of motherhood as a form of gender role stereotyping which results in women bearing the brunt of the procreative end of marital sexuality and also what she sees as the romanticization of sexual commitment in his descriptions of love as a form of self-giving. See "Catholic Sexual Ethics," pp. 145-6. Similar criticisms are made even more sharply by Christine Gudorf, " Encountering the Other: the Modern Papacy on Women," Social Compass 36 (1989) : 298-302. Yet other theologians question whether John Paul II's emphasis on the " dignity of the person " is at all relevant to determining the morality of concrete actions. See Bruno Schuller, "Die Personwiirde des Menschen als Beweisgrund in der normativen Ethik,'' Theologie und Glaube 53 (1978) : 538-55 and Richard McCormick, N ates 1965-1980, pp. 801-7. 2s For Curran, John Paul's social teaching is tainted by a return to aspects of a classicist worldview. See "Official Catholic Social and Sexual Teachings," pp. 92-3. For support of Curran's view, see Joseph A. Selling, "The Theological Presuppositions of Centesimus Annus," Louvain Studies 17 (1992) : 3547, and James O'Connell, " Is There a Catholic Social Doctrine? The Problem of Content and the Ambivalence of History, Analysis