A Question of Rights
How Can ARCC Talk About "Rights"?
By James E. Biechler
I just do not see where ARCC
gets all this nonsense about "rights" in the church. The church is a divine
institution, established by Christ for our salvation. Sinful human beings
have no "rights" against God. You're copying from secular society where
talk about rights makes sense because human beings create society. But
as Catholics we have no rights over against our savior and creator.
--JCM, Hales Corners, WI
Even though you haven't asked
a question your statements are typical of a mindset present in the church
at least since the First Vatican Council (1869-70) defined papal infallibility.
It is a mindset which characterizes such sectarian groups as Opus Dei,
the Neo-Catechumenate, and Communion and Liberation. In the United States
you might find such sentiments in The Wanderer and, sadly, among a growing
number of bishops. Perhaps worst of all, there is evidence that highly-placed
officials in the Vatican share this view and act upon it.
If you had read ARCC's Charter
of the Rights of Catholics in the Church you would have noted that many
of the rights which ARCC affirms are listed as such in the Code of Canon
Law. Thus, they are supported by the highest authority in the church. Title
I of Book II of the Code is entitled "The Obligations and Rights of All
the Christian Faithful." This title wisely sees that obligations and rights
are inseparably related to each other. Surely you will admit that Catholics
have "obligations." If they have obligations they also have the right to
those conditions which make it possible for them to fulfill those obligations.
The Code nowhere gives a comprehensive list of the rights of the Christian
faithful; in addition to those listed in the above-mentioned title others
are found scattered throughout the document. ARCC's Charter of Rights is
by no means a complete list of all the rights enjoyed by the People of
God.
You're dead wrong when you
suggest that the church is modeling itself on secular society. If you studied
history you would find that the very notion of "natural rights" was developed
by Catholic theologians and canonists in the Middle Ages. Participative
and representative democracy is based upon the theological principles that
human beings enjoy a natural, God-given equality, and that they are inherently
free and responsible before God. Before modern democracies existed Catholic
thinkers like Nicholas of Cusa asserted the natural equality and freedom
of human beings and their consequent right to choose those who would govern
them.
The church has unfortunately
not always been faithful to its own best principles. In modern times, the
church has moved so far away from these principles that to outsiders and
even to many of its own faithful it seems to be opposed to these principles.
Pope John Paul II has not always said positive things about democracy.
It is quite understandable why you and many others think that the notions
of human rights and representative democracy developed on secular soil.
What really happened is that secular governments took over and developed
the ideas and structures which Catholic canonists and theologians hammered
out between the 12th and 16th centuries. In his work Religion, Law, and
the Growth of Constitutional Thought 1150-1650 Brian Tierney shows how
"Western man came to perceive how the old truths of his religion could
serve as foundations for a new constitutional order." It is indeed sad
that leaders of the church have all but disowned its own democratic heritage.
There is a hint in your statement
that the question of "rights" is a peripheral matter to the church. After
all, you seem to suggest, the church is about salvation and "rights" are
not of the essence. Similar sentiments were expressed on the Internet some
months ago when ARCC placed its Charter in an online library. "All of the
rights ARCC espouses are of human origin," the critic stated. "The truths
that the Church teaches are from God." The first statement is, of course,
incorrect. Many of the rights ARCC espouses are natural rights, therefore
from the Author of nature. And secondly, not everything the church teaches
is from God. When the church supported slavery or condemned usury we could
not blame God for such teaching.
When Jesus began to preach
the Kingdom of God he announced his mission with the words of Isaiah: "The
spirit of the Lord has been given to me, for he has anointed me. He has
sent me to bring the good news to the poor, to proclaim liberty to captives
and to the blind new sight, to set the downtrodden free, to proclaim the
Lord's year of favor"(Lk 4:18-19). The essence of Jesus's teaching is liberation,
the transformation of society, the elimination of the injustice which makes
people captives, downtrodden and poor. Jesus identifies with the downtrodden
and the oppressed.
Jesus saw his mission as
one of bringing the righteousness of God (divine justification) to his
people. People are "justified" when the justice of God becomes their justice.
Salvation or justification is therefore about justice. When we say that
Jesus saves us from our sins we mean he saves us from our injustice for
all sin is, in essence, injustice. The church's saving mission is one of
bringing God's justice to the world. There is no salvation outside of God's
justice. Since justice is about rights, ARCC's talk about rights touches
the very essence of the church.
Of course, there should be
no need for an organization like ours. The whole church should be engaged
in the struggle for justice and rights. ARCC's Charter is "nonsense" only
if the gospel is nonsense. We'll be happy when we can go out of business
as an organization. We will do that when church leaders regain their focus
on God's justice.
Dr. Biechler, an emeritus
professor of religion, is a member of ARCC's board of directors. He also
holds a licentiate in canon law and is a longtime member of the Canon Law
Society of America.
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