CST & The Law Seminar: Does Catholic Social Thought have a legitimate role in legal and public policy discussions in a liberal democracy?

In the social teaching, the Church speaks not just to the faithful but to the entire world. As the Compendiumexplains:

The text has been presented in such a way as to be useful not only from within (ab intra), that is among Catholics, but also from outside (ab extra). In fact, those who share the same Baptism with us, as well as the followers of other Religions and all people of good will, can find herein fruitful occasions for reflection and a common motivation for the integral development of every person and the whole person.

But we live in a secular society, one of whose foundational principles is claimedto be a wall of separation between church and state. Does the teaching of one Church have any relevance to us as citizens and, in particular, as lawyers who by the nature of our profession take a leading role in making law and setting public policy?

Obviously, these are highly controversial issues on which much ink has been spilled. We could spend an entire year on them. Because we only had about an hour to discuss it, however, I had the students read just two articles touching on these questions:

1. Avery Cardinal Dulles, Catholic Social Teaching and American Legal Perspective, 30 Fordham Urban Law Journal 277 (2002)
2. Lucia A. Silecchia, Catholic Social Teaching and Its Impact on American Law, 1 Journal of Catholic Social Thought 277 (2004)

Perhaps not surprisingly, given the nature of this course, both offer affirmative answers to those questions.

Silecchia offers a very practical justification for the Church’s social role; namely, it’s “hands-on experience” with a multitude of social ills in its role as “the single largest non-governmental provider of social services.” (292) Few other social actors can match that body of knowledge and practical wisdom.

He also offers a very practical reason for allowing citizens and lawmakers to consider their religious beliefs when acting in the public square: “it would be difficult for a religious legislator or, for that matter, for a religious voter, to make an honest assessment of solutions without consulting his or her religious values for guidance.” It’s very hard if not impossible to compartmentalize one’s thinking in that way.