Religion & Law

In response to the question regarding the hallmarks of "Catholic" legal theory I would propose that it is rooted in social principles from our scriptural and ecclesial traditions.  Most importantly, it values human dignity.  Corollary to this central principle are respect for life, concern for the common good, the option for the poor, human rights (and duties), the importance of work, solidarity, stewardship, and subsidiarity.  These principles may not imply clear legal standards but they do provide a framework and vocabulary for discourse (which is in some cases bounded by the Magisterium).  While these principles inform our legal analysis as Catholic scholars, some or all of them may be shared by those outside our faith community. 

One could argue that such a principled approach provides a helpful perspective for analyzing and challenging claims by other legal schools of thought, be they critical, formalist, or utilitarian.  This does beg the question, though, whether "Catholic" legal thought ought to constitute a school of thought like any other, which I suppose is one of the questions Rick implicitly raises.  Can an overtly sectarian perspective play a constructive role in public reason?  Does a Catholic Legal Thought movement inevitably lose the depth and richness of our intellectual tradition in order to conform to the norms of the legal academy?  Can "Catholic" legal thought be intelligible or persuasive detached from the lived experience and practice of real people?  How does love remain the central virtue of any legal school of thought, both in discourse and practice?