Using concrete examples, John T. Noonan, Jr., demonstrates that the moral teaching of the Catholic Church has changed and continues to change without abandoning its foundational commitment to the Gospel of Jesus Christ. Specifically, Noonan looks at the profound changes that have occurred over the centuries in Catholic moral teaching on freedom of conscience, lending for a profit, and slavery. He also offers a close examination of the change now in progress concerning divorce. In these changes Noonan perceives the Catholic Church to be a vigorous, living organism answering new questions with new answers, and enlarging the capacity of believers to learn through experience and empathy what love demands. He contends that the impetus to change comes from a variety of sources, including prayer, meditation on Scripture, new theological insights and analyses, the evolution of human institutions, and the examples and instruction given by persons of good will. Noonan also states that the Church cannot change its commitment to preaching the Gospel of Jesus Christ. Given this absolute, how can the moral teaching of the Church change? Noonan finds this question unanswerable when asked in the abstract. But in the context of the specific facts and events he discusses in this book, an answer becomes clear. As our capacity to grasp the Gospel grows, so too, our understanding and compassion, which give life to the Gospel commandments of love, grow. "Having been an office neighbor of Judge John Noonan at the Kluge Center of the Library of Congress while this book was developing, I am delighted to see it in print. It is a careful and yet bold application of the concept of 'development of doctrine' to morals rather than to dogma, and a brilliant taxonomy of Christian attitudes toward slavery. The result of Judge Noonan's research is a deeper, if more complex, understanding of just what the continuity of the Orthodox-Catholic tradition implies. I look forward to discussing it with the author at greater length, and I cannot imagine any serious person who would not benefit from reading it."―Jaroslav Pelikan, Yale University

Church That Can and Cannot Change: The Development of Catholic Moral Teaching (Erasmus Institute Books)

History

NOONAN, John T.

World

University of Notre Dame Press

Legal thought in this country has always focused on the rules rather than on the persons affected by the rules. Persons and Masks of the Law restores the balance by taking a person-centered view of the law. The author shows how even great jurists have chosen the "masks of the law" over persons, his surprising examples being Thomas Jefferson, George Wythe, Benjamin Cardozo, and Oliver Wendell Holmes, Jr.--four of the greatest lawyers of the United States.Noonan discusses how the concept of property, applied to a person, is a perfect mask since no trace of human identity remains. An auction of slaves in Virginia, the takeover of a banana plantation in Costa Rica, and an accident on the Long Island railroad are the famous cases involving these four legal giants. The stories of the litigations at three different periods of our history provide and new and powerful analyses of American law. This book, breaking through the formalism in which jurisprudence is enshrined, offers a new vision of law and represents a call for reform in the education and even behavior of lawyers.

Persons and Masks of the Law: Cardozo, Holmes, Jefferson and Wythe as Makers of the Masks

Criminal Law

Farrar. Straus & Giroux

The Lustre of Our Country: The American Experience of Religious Freedom

A New York Times Notable Book This remarkable work offers a fresh approach to a freedom that is often taken for granted in the United States, yet is one of the strongest and proudest elements of American culture: religious freedom. In this compellingly written, distinctively personal book, Judge John T. Noonan asserts that freedom of religion, as James Madison conceived it, is an American invention previously unknown to any nation on earth. The Lustre of Our Country demonstrates how the idea of religious liberty is central to the American experience and to American influence around the world. Noonan's original book is a history of the idea of religious liberty and its relationship with the law. He begins with an intellectual autobiography, describing his own religious and legal training. After setting the stage with autobiography, Noonan turns to history, with each chapter written in a new voice. One chapter takes the form of a catechism (questions and answers), presenting the history of the idea of religious freedom in Christianity and the American colonies. Another chapter on James Madison argues that Madison's support of religious freedom was not purely secular but rather the outcome of his own religious beliefs. A fictional sister of Alexis de Toqueville writes, contrary to her brother's work, that the U.S. government is very closely tied to religion. Other chapters offer straightforward considerations of constitutional law. Throughout the book, Noonan shows how the free exercise of religion led to profound changes in American law—he discusses abolition, temperance, and civil rights—and how the legal notion of religious liberty influenced revolutionary France, Japan, and Russia, as well as the Catholic Church during Vatican II. The Lustre of Our Country is a celebration of religious freedom—a personal and profound statement on what the author considers America's greatest moral contribution to the world.

Business & Money

Economics

University of California Press

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