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Western Creed, Western Identity

Essays in Legal and Social Philosophy

Jude P. Dougherty

Publication Year: 2010

In Western Creed, Western Identity, Jude P. Dougherty investigates the classical roots of Western culture and its religious sources in an effort to define its underlying intellectual and spiritual commitments.

Published by: The Catholic University of America Press

Title Page

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Copyright

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Contents

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pp. v-vi

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Foreword

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pp. vii-viii

As editor of the Review of Metaphysics, and during his long tenure as dean of the School of Philosophy at The Catholic University of America, Jude Dougherty devoted himself to publishing the works of others and creating conditions in which his colleagues could engage in research and teaching. ...

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Acknowledgments

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pp. ix-x

With gratitude the author acknowledges permission to reprint articles first published in the journals indicated. To The World & I for “Western Creed,Western Identity,”“Marx, Dewey, andMaritain: The Role of Religion in Society,” “John Courtney Murray on the Truths We Hold,” “Separating Church and State,” ...

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Introduction

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pp. xi-xiv

The essays that constitute this volume were written in response to specific invitations, usually invitations to lecture on a topic of contemporary concern. They were written from a single vantage point, one that has come to be identified with Saint Thomas Aquinas, although the natural law outlook that they represent is older than Aquinas. ...

Part I. Religion and Society

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1. Western Creed, Western Identity

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pp. 3-17

As the turn of the century approaches, calls for the renewal of America abound. There is a widespread belief that something is amiss, that the nation’s policymakers have lost their way. This is driven home by the employment of a relatively new term, “procedural democracy,” ...

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2. Christian Philosophy: A Sociological Category or an Oxymoron?

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pp. 18-27

The theses to be entertained here can be set forth simply. To address the question “Is there Christian philosophy?” it is necessary, first, to acknowledge that there is no such thing as “Christianity.”As a sociological category “Christianity” may have some content. People the world over profess to be “Christian,” ...

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3. What Was Religion? The Demise of a Prodigious Power

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pp. 28-43

The recent shift in North America from a predominantly Protestant to a secular or humanistic culture has created for the religious mind a new set of problems. The religious mind is no longer faced with the task of defining its vision of the contemporary meaning of Christianity or Judaism against other religious outlooks; ...

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4. Marx, Dewey, and Maritain: The Role of Religion in Society

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pp. 44-65

Almost before our eyes, in the brief span of the few decades since World War II, this nation, like much of the West, has become intellectually secularized, with consequences for the social order. It is a well-established principle that if a society’s laws are based on a particular worldview and that worldview collapses, ...

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5. John Courtney Murray on the Truths We Hold

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pp. 66-82

In its cover story of December 12, 1960, Time magazine used John Courtney Murray to symbolize the coming of age of American Catholicism.1 John F. Kennedy had just been elected president of the United States and would become the first Catholic to hold that office. Significantly, Murray was pictured against the backdrop ...

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6. Separating Church and State

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pp. 83-99

The first ten amendments to the U.S. Constitution are commonly known as the “Bill of Rights.” Like other declarations of rights before it, it is a document that both describes the fundamental liberties of a people and forbids the government to violate them. The first eight amendments to the Constitution list rights ...

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7. Thomas on Natural Law: What Judge Thomas Did Not Say

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pp. 100-116

The Senate Judiciary Committee’s hearings on the qualification of Judge Clarence Thomas for appointment to the U.S. Supreme Court raised for a worldwide audience questions concerning the role of natural law in the legislative and judicial processes, that is, in the framing and the interpreting of law. ...

Part II. The Law and Society

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8. Collective Responsibility

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pp. 119-135

There are two things that I wish to do in this brief presentation. First, I will sketch in a general way the philosophical temperament that has in recent decades influenced the framing of law; second, I will single out for special treatment the idea of “collective guilt,” ...

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9. Accountability without Causality: Tort Litigation Reaches Fairy-Tale Levels

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pp. 136-154

“Tort Litigation Reaches Fairy-Tale Levels” is the caption given to a letter to the editor recently published by the Wall Street Journal. The writer, of course, was not the first to notice.1 By one estimate tort awards represent 2.3 percent of the U.S. gross national product, about eight times the comparable rate for Japan. ...

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10. On the Justification of Rights Claims

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pp. 155-167

There are times when the large brush stroke is appropriate, when a Chagall-like impression serves better than the detail of a Vermeer. In an effort to gain insight into the nature of “right,” I have chosen to sketch rights theories in a general way and to focus upon the notion of entitlement. ...

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11. The Necessity of Punishment

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pp. 168-182

Nearly every report or bulletin published by the Bureau of Justice Statistics, U.S. Department of Justice, provides material for serious reflection if not cause for alarm. Studies reported in the past decade reveal that of prisoners released for the first time from state institutions, ...

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12. Professional Responsibility

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pp. 183-198

Few would deny that Immanuel Kant is one of a small band of great knowers. Among his lasting contributions to the study of philosophy is his Metaphysics of Morals. His discussion of virtue, of one’s duties toward one’s self and toward others, is time-transcending. ...

Part III. Faith and Reason

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13. Edith Stein: The Convert in Search of Illumination

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pp. 201-212

Earlier this year I had the opportunity to spend several weeks in Salamanca, the seat of a university whose charter dates to 1215. One of its most distinguished twentieth-century rectors was Miguel de Unamuno, known the world over as a philosopher, poet, dramatist, novelist, and essayist. ...

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14. Maritain at the Cliff’s Edge: From Antimoderne to Le Paysan

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pp. 213-228

Jacques Maritain was an “engaged” intellectual from the very beginning of his academic career. Never one to waffle or to avoid conflict, Maritain joined issue with some of the leading philosophers of his generation. He proved to be an intractable critic of modernity. ...

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15. John Paul II, Defender of Faith and Reason

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pp. 229-235

Although Fides et Ratio is the thirteenth encyclical written by John Paul II, and published some twenty years into his pontificate, it is not the first time he has had occasion to consider the relationship between faith and reason. As a philosopher and teacher of philosophy, Karol Wojytla could not avoid it....

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16. The Interior Life

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pp. 236-244

To speak of Catholic education is to acknowledge, for one thing, a specific telos to education and, for another, a distinctive tradition. The recognition of that telos is, of course, shared by other believers. It consists in the awareness that the grave is not the end of man, that man is called to a life in union with the divine, ...

Bibliography

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pp. 245-250

Index

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pp. 251-259


E-ISBN-13: 9780813218229
Print-ISBN-13: 9780813209753

Page Count: 273
Publication Year: 2010

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  • Christianity and law.
  • Religion and law.
  • Religion and sociology.
  • Catholic Church -- Doctrines.
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