Legal ethics and jurisprudence from within religious congregations

Notre Dame Law Review

Volumn 76, Issue 3, 2001, Pages 961-992

  Shaffer, Thomas L ^a,b,c  

^a UNIVERSITY OF NOTRE DAME   (United States)

^b Notre Dame Legal Aid Clinic   (United States)

^c Indiana Bar ^*  (United States)

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EID: 0035644624     PISSN: 07453515     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (219)

1. OUR MASTERS TAUGHT: RABBINIC STORIES AND SAYINGS 43-44 (Jakob J. Petuchowski ed. & trans., 1982). It is not in heaven, that thou shouldest say: "Who shall go up for us to heaven, and bring it unto us, and make us to hear it, that we may do it?" Neither is it beyond the sea, that thou shouldest say: "Who shall go over the sea for us, and bring it unto us, and make us to hear it, that we may do it?" But the word is very nigh unto thee, in thy mouth, and in thy heart, that thou mayest do it. Deuteronomy 30:12-14 (Hertz trans.). A modern rabbi, Rabbi Jacob Chinitz of Montreal, summarizes the modern force of this: "Torah law, and . . . halachah allows for (even demands) change - not because the Torah is not divine, but because even a divine Torah is human." Jacob Chinitz, Forum: Readers React, MOMENT MAG., Feb. 2000, at 23-24; see also ROGER BROOKS, THE SPIRIT OF THE TEN COMMANDMENTS: SHATTERING THE MYTH OF RABBINIC LEGALISM 18-27 (1990); Rabbi Samuel J. Levine, Halacha and Aggada: Translating Robert Cover's Nomos and Narrative, 1998 UTAH L. REV. 465, 493-94. Rabbi Levine argues, however, in Samuel J. Levine, Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics, 15 CONST. COMMENT. 511 (1998), that communal thought in Judaism refers to and depends on rabbinical expertise. "[L]ike the Constitution, the Bible functions as an authoritative legal text that must be interpreted in order to serve as the foundation for a living community." Id. at 512. He applies this point to Maimonides, id. at 517, 525-26, and to Nachmanides, id. at 516-17, 520-22.
2. OUR MASTERS TAUGHT: RABBINIC STORIES AND SAYINGS 43-44 (Jakob J. Petuchowski ed. & trans., 1982). It is not in heaven, that thou shouldest say: "Who shall go up for us to heaven, and bring it unto us, and make us to hear it, that we may do it?" Neither is it beyond the sea, that thou shouldest say: "Who shall go over the sea for us, and bring it unto us, and make us to hear it, that we may do it?" But the word is very nigh unto thee, in thy mouth, and in thy heart, that thou mayest do it. Deuteronomy 30:12-14 (Hertz trans.). A modern rabbi, Rabbi Jacob Chinitz of Montreal, summarizes the modern force of this: "Torah law, and . . . halachah allows for (even demands) change - not because the Torah is not divine, but because even a divine Torah is human." Jacob Chinitz, Forum: Readers React, MOMENT MAG., Feb. 2000, at 23-24; see also ROGER BROOKS, THE SPIRIT OF THE TEN COMMANDMENTS: SHATTERING THE MYTH OF RABBINIC LEGALISM 18-27 (1990); Rabbi Samuel J. Levine, Halacha and Aggada: Translating Robert Cover's Nomos and Narrative, 1998 UTAH L. REV. 465, 493-94. Rabbi Levine argues, however, in Samuel J. Levine, Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics, 15 CONST. COMMENT. 511 (1998), that communal thought in Judaism refers to and depends on rabbinical expertise. "[L]ike the Constitution, the Bible functions as an authoritative legal text that must be interpreted in order to serve as the foundation for a living community." Id. at 512. He applies this point to Maimonides, id. at 517, 525-26, and to Nachmanides, id. at 516-17, 520-22.
3. OUR MASTERS TAUGHT: RABBINIC STORIES AND SAYINGS 43-44 (Jakob J. Petuchowski ed. & trans., 1982). It is not in heaven, that thou shouldest say: "Who shall go up for us to heaven, and bring it unto us, and make us to hear it, that we may do it?" Neither is it beyond the sea, that thou shouldest say: "Who shall go over the sea for us, and bring it unto us, and make us to hear it, that we may do it?" But the word is very nigh unto thee, in thy mouth, and in thy heart, that thou mayest do it. Deuteronomy 30:12-14 (Hertz trans.). A modern rabbi, Rabbi Jacob Chinitz of Montreal, summarizes the modern force of this: "Torah law, and . . . halachah allows for (even demands) change - not because the Torah is not divine, but because even a divine Torah is human." Jacob Chinitz, Forum: Readers React, MOMENT MAG., Feb. 2000, at 23-24; see also ROGER BROOKS, THE SPIRIT OF THE TEN COMMANDMENTS: SHATTERING THE MYTH OF RABBINIC LEGALISM 18-27 (1990); Rabbi Samuel J. Levine, Halacha and Aggada: Translating Robert Cover's Nomos and Narrative, 1998 UTAH L. REV. 465, 493-94. Rabbi Levine argues, however, in Samuel J. Levine, Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics, 15 CONST. COMMENT. 511 (1998), that communal thought in Judaism refers to and depends on rabbinical expertise. "[L]ike the Constitution, the Bible functions as an authoritative legal text that must be interpreted in order to serve as the foundation for a living community." Id. at 512. He applies this point to Maimonides, id. at 517, 525-26, and to Nachmanides, id. at 516-17, 520-22.
4. OUR MASTERS TAUGHT: RABBINIC STORIES AND SAYINGS 43-44 (Jakob J. Petuchowski ed. & trans., 1982). It is not in heaven, that thou shouldest say: "Who shall go up for us to heaven, and bring it unto us, and make us to hear it, that we may do it?" Neither is it beyond the sea, that thou shouldest say: "Who shall go over the sea for us, and bring it unto us, and make us to hear it, that we may do it?" But the word is very nigh unto thee, in thy mouth, and in thy heart, that thou mayest do it. Deuteronomy 30:12-14 (Hertz trans.). A modern rabbi, Rabbi Jacob Chinitz of Montreal, summarizes the modern force of this: "Torah law, and . . . halachah allows for (even demands) change - not because the Torah is not divine, but because even a divine Torah is human." Jacob Chinitz, Forum: Readers React, MOMENT MAG., Feb. 2000, at 23-24; see also ROGER BROOKS, THE SPIRIT OF THE TEN COMMANDMENTS: SHATTERING THE MYTH OF RABBINIC LEGALISM 18-27 (1990); Rabbi Samuel J. Levine, Halacha and Aggada: Translating Robert Cover's Nomos and Narrative, 1998 UTAH L. REV. 465, 493-94. Rabbi Levine argues, however, in Samuel J. Levine, Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics, 15 CONST. COMMENT. 511 (1998), that communal thought in Judaism refers to and depends on rabbinical expertise. "[L]ike the Constitution, the Bible functions as an authoritative legal text that must be interpreted in order to serve as the foundation for a living community." Id. at 512. He applies this point to Maimonides, id. at 517, 525-26, and to Nachmanides, id. at 516-17, 520-22.
5. OUR MASTERS TAUGHT: RABBINIC STORIES AND SAYINGS 43-44 (Jakob J. Petuchowski ed. & trans., 1982). It is not in heaven, that thou shouldest say: "Who shall go up for us to heaven, and bring it unto us, and make us to hear it, that we may do it?" Neither is it beyond the sea, that thou shouldest say: "Who shall go over the sea for us, and bring it unto us, and make us to hear it, that we may do it?" But the word is very nigh unto thee, in thy mouth, and in thy heart, that thou mayest do it. Deuteronomy 30:12-14 (Hertz trans.). A modern rabbi, Rabbi Jacob Chinitz of Montreal, summarizes the modern force of this: "Torah law, and . . . halachah allows for (even demands) change - not because the Torah is not divine, but because even a divine Torah is human." Jacob Chinitz, Forum: Readers React, MOMENT MAG., Feb. 2000, at 23-24; see also ROGER BROOKS, THE SPIRIT OF THE TEN COMMANDMENTS: SHATTERING THE MYTH OF RABBINIC LEGALISM 18-27 (1990); Rabbi Samuel J. Levine, Halacha and Aggada: Translating Robert Cover's Nomos and Narrative, 1998 UTAH L. REV. 465, 493-94. Rabbi Levine argues, however, in Samuel J. Levine, Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics, 15 CONST. COMMENT. 511 (1998), that communal thought in Judaism refers to and depends on rabbinical expertise. "[L]ike the Constitution, the Bible functions as an authoritative legal text that must be interpreted in order to serve as the foundation for a living community." Id. at 512. He applies this point to Maimonides, id. at 517, 525-26, and to Nachmanides, id. at 516-17, 520-22.
6. OUR MASTERS TAUGHT: RABBINIC STORIES AND SAYINGS 43-44 (Jakob J. Petuchowski ed. & trans., 1982). It is not in heaven, that thou shouldest say: "Who shall go up for us to heaven, and bring it unto us, and make us to hear it, that we may do it?" Neither is it beyond the sea, that thou shouldest say: "Who shall go over the sea for us, and bring it unto us, and make us to hear it, that we may do it?" But the word is very nigh unto thee, in thy mouth, and in thy heart, that thou mayest do it. Deuteronomy 30:12-14 (Hertz trans.). A modern rabbi, Rabbi Jacob Chinitz of Montreal, summarizes the modern force of this: "Torah law, and . . . halachah allows for (even demands) change - not because the Torah is not divine, but because even a divine Torah is human." Jacob Chinitz, Forum: Readers React, MOMENT MAG., Feb. 2000, at 23-24; see also ROGER BROOKS, THE SPIRIT OF THE TEN COMMANDMENTS: SHATTERING THE MYTH OF RABBINIC LEGALISM 18-27 (1990); Rabbi Samuel J. Levine, Halacha and Aggada: Translating Robert Cover's Nomos and Narrative, 1998 UTAH L. REV. 465, 493-94. Rabbi Levine argues, however, in Samuel J. Levine, Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics, 15 CONST. COMMENT. 511 (1998), that communal thought in Judaism refers to and depends on rabbinical expertise. "[L]ike the Constitution, the Bible functions as an authoritative legal text that must be interpreted in order to serve as the foundation for a living community." Id. at 512. He applies this point to Maimonides, id. at 517, 525-26, and to Nachmanides, id. at 516-17, 520-22.
7. OUR MASTERS TAUGHT: RABBINIC STORIES AND SAYINGS 43-44 (Jakob J. Petuchowski ed. & trans., 1982). It is not in heaven, that thou shouldest say: "Who shall go up for us to heaven, and bring it unto us, and make us to hear it, that we may do it?" Neither is it beyond the sea, that thou shouldest say: "Who shall go over the sea for us, and bring it unto us, and make us to hear it, that we may do it?" But the word is very nigh unto thee, in thy mouth, and in thy heart, that thou mayest do it. Deuteronomy 30:12-14 (Hertz trans.). A modern rabbi, Rabbi Jacob Chinitz of Montreal, summarizes the modern force of this: "Torah law, and . . . halachah allows for (even demands) change - not because the Torah is not divine, but because even a divine Torah is human." Jacob Chinitz, Forum: Readers React, MOMENT MAG., Feb. 2000, at 23-24; see also ROGER BROOKS, THE SPIRIT OF THE TEN COMMANDMENTS: SHATTERING THE MYTH OF RABBINIC LEGALISM 18-27 (1990); Rabbi Samuel J. Levine, Halacha and Aggada: Translating Robert Cover's Nomos and Narrative, 1998 UTAH L. REV. 465, 493-94. Rabbi Levine argues, however, in Samuel J. Levine, Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics, 15 CONST. COMMENT. 511 (1998), that communal thought in Judaism refers to and depends on rabbinical expertise. "[L]ike the Constitution, the Bible functions as an authoritative legal text that must be interpreted in order to serve as the foundation for a living community." Id. at 512. He applies this point to Maimonides, id. at 517, 525-26, and to Nachmanides, id. at 516-17, 520-22.
8. OUR MASTERS TAUGHT: RABBINIC STORIES AND SAYINGS 43-44 (Jakob J. Petuchowski ed. & trans., 1982). It is not in heaven, that thou shouldest say: "Who shall go up for us to heaven, and bring it unto us, and make us to hear it, that we may do it?" Neither is it beyond the sea, that thou shouldest say: "Who shall go over the sea for us, and bring it unto us, and make us to hear it, that we may do it?" But the word is very nigh unto thee, in thy mouth, and in thy heart, that thou mayest do it. Deuteronomy 30:12-14 (Hertz trans.). A modern rabbi, Rabbi Jacob Chinitz of Montreal, summarizes the modern force of this: "Torah law, and . . . halachah allows for (even demands) change - not because the Torah is not divine, but because even a divine Torah is human." Jacob Chinitz, Forum: Readers React, MOMENT MAG., Feb. 2000, at 23-24; see also ROGER BROOKS, THE SPIRIT OF THE TEN COMMANDMENTS: SHATTERING THE MYTH OF RABBINIC LEGALISM 18-27 (1990); Rabbi Samuel J. Levine, Halacha and Aggada: Translating Robert Cover's Nomos and Narrative, 1998 UTAH L. REV. 465, 493-94. Rabbi Levine argues, however, in Samuel J. Levine, Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics, 15 CONST. COMMENT. 511 (1998), that communal thought in Judaism refers to and depends on rabbinical expertise. "[L]ike the Constitution, the Bible functions as an authoritative legal text that must be interpreted in order to serve as the foundation for a living community." Id. at 512. He applies this point to Maimonides, id. at 517, 525-26, and to Nachmanides, id. at 516-17, 520-22.
9. Michael J. Scanlon, Christian Anthropology and Ethics, in VISION AND VALUES: ETHICAL VIEWPOINTS IN THE CATHOLIC TRADITION 27, 50 (Judith A. Dwyer ed., 1999).
10. For a more detailed argument, see generally Thomas L. Shaffer, Jews, Christians, Lawyers, and Money, 25 VT. L. REV. (forthcoming 2001). See also Molly Ivins, It Won't Change a Thing, But She'll Vote for Nader, S. BEND TRIB., Oct. 29, 2000, at B8 ("Government matters most to people on the margins. If I may be blunt about this, we live in society where the effluent flows downhill. And the people on the bottom are drowning in it.").
11. For a more detailed argument, see generally Thomas L. Shaffer, Jews, Christians, Lawyers, and Money, 25 VT. L. REV. (forthcoming 2001). See also Molly Ivins, It Won't Change a Thing, But She'll Vote for Nader, S. BEND TRIB., Oct. 29, 2000, at B8 ("Government matters most to people on the margins. If I may be blunt about this, we live in society where the effluent flows downhill. And the people on the bottom are drowning in it.").
12. For further explanation and discussion, see ROBERT E. RODES, JR., PILGRIM LAW xv, 96-99, 102-11 (1998), and Thomas L. Shaffer, The Christian Jurisprudence of Robert E. Rodes, Jr., 73 NOTRE DAME L. REV. 737 (1998). See also David Luban, Asking the Right Questions, 72 TEMP. L. REV. 839, 839 (1999) (finding that in-house corporate lawyers are "indistinguishable from corporate executives, or, more broadly, from clients," rather than guardians of public norms).
13. For further explanation and discussion, see ROBERT E. RODES, JR., PILGRIM LAW xv, 96-99, 102-11 (1998), and Thomas L. Shaffer, The Christian Jurisprudence of Robert E. Rodes, Jr., 73 NOTRE DAME L. REV. 737 (1998). See also David Luban, Asking the Right Questions, 72 TEMP. L. REV. 839, 839 (1999) (finding that in-house corporate lawyers are "indistinguishable from corporate executives, or, more broadly, from clients," rather than guardians of public norms).
14. For further explanation and discussion, see ROBERT E. RODES, JR., PILGRIM LAW xv, 96-99, 102-11 (1998), and Thomas L. Shaffer, The Christian Jurisprudence of Robert E. Rodes, Jr., 73 NOTRE DAME L. REV. 737 (1998). See also David Luban, Asking the Right Questions, 72 TEMP. L. REV. 839, 839 (1999) (finding that in-house corporate lawyers are "indistinguishable from corporate executives, or, more broadly, from clients," rather than guardians of public norms).
15. Walter Brueggemann, The Role of Old Testament Theology in Old Testament Interpretation, in IN SEARCH OF TRUE WISDOM: ESSAYS IN OLD TESTAMENT INTERPRETATION IN HONOUR OF RONALD E. CLEMENTS 70, 88 (Edward Ball ed., 1999). On the Enlightenment, see George P. Fletcher, In God's Image: The Religious Imperative of Equality Under Law, 99 COLUM. L. REV. 1608 (1999) (analyzing rabbinical literature on equality and deciding that Kant represents a watered-down religious ethic of equality), and EUGENE MCCARRAHER, CHRISTIAN CRITICS: RELIGION AND THE IMPASSE IN MODERN AMERICAN SOCIAL THOUGHT 189 (2000). American religious life increasingly reflects the most powerful centrifugal forces of late capitalist culture - the elevation of "personal choice" as the summum bonum of the good life, and the attendant dislodging of moral and religious symbols from historical traditions. Both liberal Protestantism and Roman Catholicism have been shaken and remade by these disintegrative forces. Liberal Protestantism lives in genteel spiritual poverty, a wheezing rentier entailed to a dilapidated estate and a dwindling historical capital. It shows, even sympathetic observers wite, "many signs of tired blood-levels of orthodox belief are low, doubt and uncertainty in matters of faith common, knowledge of the Scriptures exceedingly low." At the same time, the condition of American Catholicism is only a little less critical. Beneath much of the post-Vatican II period's bland and reflective optimism about the "laity," one can discern a growing uneasiness about the capacity of that laity to undertake the social reconstruction to which they have been exhorted by papacy, hierarchy, and reformers. As one of the American Church's most astute observers has written, the post-Vatican II generation displays a "meager knowledge of Catholicism," speaks "an impoverished religious vocabulary," and knows little or nothing of papal encyclicals and pastoral letters on economics, racism, or nuclear weapons. Id.
16. Walter Brueggemann, The Role of Old Testament Theology in Old Testament Interpretation, in IN SEARCH OF TRUE WISDOM: ESSAYS IN OLD TESTAMENT INTERPRETATION IN HONOUR OF RONALD E. CLEMENTS 70, 88 (Edward Ball ed., 1999). On the Enlightenment, see George P. Fletcher, In God's Image: The Religious Imperative of Equality Under Law, 99 COLUM. L. REV. 1608 (1999) (analyzing rabbinical literature on equality and deciding that Kant represents a watered-down religious ethic of equality), and EUGENE MCCARRAHER, CHRISTIAN CRITICS: RELIGION AND THE IMPASSE IN MODERN AMERICAN SOCIAL THOUGHT 189 (2000). American religious life increasingly reflects the most powerful centrifugal forces of late capitalist culture - the elevation of "personal choice" as the summum bonum of the good life, and the attendant dislodging of moral and religious symbols from historical traditions. Both liberal Protestantism and Roman Catholicism have been shaken and remade by these disintegrative forces. Liberal Protestantism lives in genteel spiritual poverty, a wheezing rentier entailed to a dilapidated estate and a dwindling historical capital. It shows, even sympathetic observers wite, "many signs of tired blood-levels of orthodox belief are low, doubt and uncertainty in matters of faith common, knowledge of the Scriptures exceedingly low." At the same time, the condition of American Catholicism is only a little less critical. Beneath much of the post-Vatican II period's bland and reflective optimism about the "laity," one can discern a growing uneasiness about the capacity of that laity to undertake the social reconstruction to which they have been exhorted by papacy, hierarchy, and reformers. As one of the American Church's most astute observers has written, the post-Vatican II generation displays a "meager knowledge of Catholicism," speaks "an impoverished religious vocabulary," and knows little or nothing of papal encyclicals and pastoral letters on economics, racism, or nuclear weapons. Id.
17. Walter Brueggemann, The Role of Old Testament Theology in Old Testament Interpretation, in IN SEARCH OF TRUE WISDOM: ESSAYS IN OLD TESTAMENT INTERPRETATION IN HONOUR OF RONALD E. CLEMENTS 70, 88 (Edward Ball ed., 1999). On the Enlightenment, see George P. Fletcher, In God's Image: The Religious Imperative of Equality Under Law, 99 COLUM. L. REV. 1608 (1999) (analyzing rabbinical literature on equality and deciding that Kant represents a watered-down religious ethic of equality), and EUGENE MCCARRAHER, CHRISTIAN CRITICS: RELIGION AND THE IMPASSE IN MODERN AMERICAN SOCIAL THOUGHT 189 (2000). American religious life increasingly reflects the most powerful centrifugal forces of late capitalist culture - the elevation of "personal choice" as the summum bonum of the good life, and the attendant dislodging of moral and religious symbols from historical traditions. Both liberal Protestantism and Roman Catholicism have been shaken and remade by these disintegrative forces. Liberal Protestantism lives in genteel spiritual poverty, a wheezing rentier entailed to a dilapidated estate and a dwindling historical capital. It shows, even sympathetic observers wite, "many signs of tired blood-levels of orthodox belief are low, doubt and uncertainty in matters of faith common, knowledge of the Scriptures exceedingly low." At the same time, the condition of American Catholicism is only a little less critical. Beneath much of the post-Vatican II period's bland and reflective optimism about the "laity," one can discern a growing uneasiness about the capacity of that laity to undertake the social reconstruction to which they have been exhorted by papacy, hierarchy, and reformers. As one of the American Church's most astute observers has written, the post-Vatican II generation displays a "meager knowledge of Catholicism," speaks "an impoverished religious vocabulary," and knows little or nothing of papal encyclicals and pastoral letters on economics, racism, or nuclear weapons. Id.
18. Scanlon, supra note 2, at 102.
19. GUSTAVO GUTIERREZ, A THEOLOGY OF LIBERATION: HISTORY, POLITICS, AND SALVATION (Caridad Inda & John Eagleson trans., 1988).
20. GUSTAVO GUTIERREZ, THE TRUTH SHALL MAKE YOU FREE 49-50 (Matthew J. O'Connell trans., 1990).
21. SONDRA ELY WHEELER, WEALTH AS PERIL AND OBLIGATION: THE NEW TESTAMENT ON POSSESSIONS (1995).
22. Id. at 71-72 (quoting Luke 12:32-34).
23. Id. at 138-45.
24. Id. at 138 (emphasis added).
25. Id. at 140-41 (emphasis added).
26. Id. at 141 (emphasis added).
27. Id. at 138 (emphasis added).
28. Id. at 141-43 (emphasis added).
29. Id. at 145.
30. Ann Landers, He Can't Reconnect After Failed Relationship, S. BEND TRIB., Aug. 17, 2000, at C3 (agreeing with the writer's observation "It is NEVER appropriate to ask . . . [h]ow much did you pay for that?").
31. WHEELER, supra note 9, at 136.
32. Id. at 141.
33. James 2:4 (Canadian Roman Catholic Lectionary).
34. WHEELER, supra note 9, at 144.
35. Id. at 145.
36. See Thomas L. Shaffer, On Teaching Ethics in the Law Office, 71 NOTRE DAME L. REV. 605, 606-09 (1996); Thomas L. Shatter, On Teaching Legal Ethics with Stories About Clients, 39 WM. & MARY L. REV. 421, 434-37 (1998).
37. See Thomas L. Shaffer, On Teaching Ethics in the Law Office, 71 NOTRE DAME L. REV. 605, 606-09 (1996); Thomas L. Shatter, On Teaching Legal Ethics with Stories About Clients, 39 WM. & MARY L. REV. 421, 434-37 (1998).
38. See Thomas L. Shaffer, The Christian Lawyer - An Oxymoron?, AMERICA, Nov. 23, 1996, at 12.
39. See ROBERT E. RODES, JR., LAW AND LIBERATION 20, 214 (1986).
40. Acts 15:28.
41. Deuteronomy 30:12.
42. For development of this proposition, see MILNER S. BALL, CALLED BY STORIES 104 (2000), and Milner S. Ball, Just Stories, 12 CARDOZO STUD. L. & LITERATURE 37, 51 (2000). Professor Ball argues, from Jewish and Christian sources, that the communities that result from initiation rites in each tradition are "world[s] of covenant, of commitment to (and with) others with no place for individualism," so that "'[t]o each his own' is a wholly inadequate understanding of a body whose members live in 'a covenantal rather than a legal relation.'" Id. at 51 (quoting NANCY DUFF, HUMANIZATION AND THE POLITICS OF GOD 181 (1992)); see MICHAEL WALZER, EXODUS AND REVOLUTION 102-07 (1985); Walter Brueggemann, Faith at the Nullpunkt, in THE END OF THE WORLD AND THE ENDS OF GOD: SCIENCE AND THEOLOGY ON ESCHATOLOGY 143, 143-54 (John Polkingthorne & Michel Welker eds., 2000); see also STANLEY J. GRENZ, THEOLOGY FOR THE COMMUNITY OF GOD, at ix-x (2000) ("God's central program for creation . . . [was] the establishment of [a] new community of reconciliation, fellowship, and harmony . . . a human community, . . . rather than . . . isolated individuals.").
43. For development of this proposition, see MILNER S. BALL, CALLED BY STORIES 104 (2000), and Milner S. Ball, Just Stories, 12 CARDOZO STUD. L. & LITERATURE 37, 51 (2000). Professor Ball argues, from Jewish and Christian sources, that the communities that result from initiation rites in each tradition are "world[s] of covenant, of commitment to (and with) others with no place for individualism," so that "'[t]o each his own' is a wholly inadequate understanding of a body whose members live in 'a covenantal rather than a legal relation.'" Id. at 51 (quoting NANCY DUFF, HUMANIZATION AND THE POLITICS OF GOD 181 (1992)); see MICHAEL WALZER, EXODUS AND REVOLUTION 102-07 (1985); Walter Brueggemann, Faith at the Nullpunkt, in THE END OF THE WORLD AND THE ENDS OF GOD: SCIENCE AND THEOLOGY ON ESCHATOLOGY 143, 143-54 (John Polkingthorne & Michel Welker eds., 2000); see also STANLEY J. GRENZ, THEOLOGY FOR THE COMMUNITY OF GOD, at ix-x (2000) ("God's central program for creation . . . [was] the establishment of [a] new community of reconciliation, fellowship, and harmony . . . a human community, . . . rather than . . . isolated individuals.").
44. For development of this proposition, see MILNER S. BALL, CALLED BY STORIES 104 (2000), and Milner S. Ball, Just Stories, 12 CARDOZO STUD. L. & LITERATURE 37, 51 (2000). Professor Ball argues, from Jewish and Christian sources, that the communities that result from initiation rites in each tradition are "world[s] of covenant, of commitment to (and with) others with no place for individualism," so that "'[t]o each his own' is a wholly inadequate understanding of a body whose members live in 'a covenantal rather than a legal relation.'" Id. at 51 (quoting NANCY DUFF, HUMANIZATION AND THE POLITICS OF GOD 181 (1992)); see MICHAEL WALZER, EXODUS AND REVOLUTION 102-07 (1985); Walter Brueggemann, Faith at the Nullpunkt, in THE END OF THE WORLD AND THE ENDS OF GOD: SCIENCE AND THEOLOGY ON ESCHATOLOGY 143, 143-54 (John Polkingthorne & Michel Welker eds., 2000); see also STANLEY J. GRENZ, THEOLOGY FOR THE COMMUNITY OF GOD, at ix-x (2000) ("God's central program for creation . . . [was] the establishment of [a] new community of reconciliation, fellowship, and harmony . . . a human community, . . . rather than . . . isolated individuals.").
45. For development of this proposition, see MILNER S. BALL, CALLED BY STORIES 104 (2000), and Milner S. Ball, Just Stories, 12 CARDOZO STUD. L. & LITERATURE 37, 51 (2000). Professor Ball argues, from Jewish and Christian sources, that the communities that result from initiation rites in each tradition are "world[s] of covenant, of commitment to (and with) others with no place for individualism," so that "'[t]o each his own' is a wholly inadequate understanding of a body whose members live in 'a covenantal rather than a legal relation.'" Id. at 51 (quoting NANCY DUFF, HUMANIZATION AND THE POLITICS OF GOD 181 (1992)); see MICHAEL WALZER, EXODUS AND REVOLUTION 102-07 (1985); Walter Brueggemann, Faith at the Nullpunkt, in THE END OF THE WORLD AND THE ENDS OF GOD: SCIENCE AND THEOLOGY ON ESCHATOLOGY 143, 143-54 (John Polkingthorne & Michel Welker eds., 2000); see also STANLEY J. GRENZ, THEOLOGY FOR THE COMMUNITY OF GOD, at ix-x (2000) ("God's central program for creation . . . [was] the establishment of [a] new community of reconciliation, fellowship, and harmony . . . a human community, . . . rather than . . . isolated individuals.").
46. For development of this proposition, see MILNER S. BALL, CALLED BY STORIES 104 (2000), and Milner S. Ball, Just Stories, 12 CARDOZO STUD. L. & LITERATURE 37, 51 (2000). Professor Ball argues, from Jewish and Christian sources, that the communities that result from initiation rites in each tradition are "world[s] of covenant, of commitment to (and with) others with no place for individualism," so that "'[t]o each his own' is a wholly inadequate understanding of a body whose members live in 'a covenantal rather than a legal relation.'" Id. at 51 (quoting NANCY DUFF, HUMANIZATION AND THE POLITICS OF GOD 181 (1992)); see MICHAEL WALZER, EXODUS AND REVOLUTION 102-07 (1985); Walter Brueggemann, Faith at the Nullpunkt, in THE END OF THE WORLD AND THE ENDS OF GOD: SCIENCE AND THEOLOGY ON ESCHATOLOGY 143, 143-54 (John Polkingthorne & Michel Welker eds., 2000); see also STANLEY J. GRENZ, THEOLOGY FOR THE COMMUNITY OF GOD, at ix-x (2000) ("God's central program for creation . . . [was] the establishment of [a] new community of reconciliation, fellowship, and harmony . . . a human community, . . . rather than . . . isolated individuals.").
47. For development of this proposition, see MILNER S. BALL, CALLED BY STORIES 104 (2000), and Milner S. Ball, Just Stories, 12 CARDOZO STUD. L. & LITERATURE 37, 51 (2000). Professor Ball argues, from Jewish and Christian sources, that the communities that result from initiation rites in each tradition are "world[s] of covenant, of commitment to (and with) others with no place for individualism," so that "'[t]o each his own' is a wholly inadequate understanding of a body whose members live in 'a covenantal rather than a legal relation.'" Id. at 51 (quoting NANCY DUFF, HUMANIZATION AND THE POLITICS OF GOD 181 (1992)); see MICHAEL WALZER, EXODUS AND REVOLUTION 102-07 (1985); Walter Brueggemann, Faith at the Nullpunkt, in THE END OF THE WORLD AND THE ENDS OF GOD: SCIENCE AND THEOLOGY ON ESCHATOLOGY 143, 143-54 (John Polkingthorne & Michel Welker eds., 2000); see also STANLEY J. GRENZ, THEOLOGY FOR THE COMMUNITY OF GOD, at ix-x (2000) ("God's central program for creation . . . [was] the establishment of [a] new community of reconciliation, fellowship, and harmony . . . a human community, . . . rather than . . . isolated individuals.").
48. For development of this proposition, see MILNER S. BALL, CALLED BY STORIES 104 (2000), and Milner S. Ball, Just Stories, 12 CARDOZO STUD. L. & LITERATURE 37, 51 (2000). Professor Ball argues, from Jewish and Christian sources, that the communities that result from initiation rites in each tradition are "world[s] of covenant, of commitment to (and with) others with no place for individualism," so that "'[t]o each his own' is a wholly inadequate understanding of a body whose members live in 'a covenantal rather than a legal relation.'" Id. at 51 (quoting NANCY DUFF, HUMANIZATION AND THE POLITICS OF GOD 181 (1992)); see MICHAEL WALZER, EXODUS AND REVOLUTION 102-07 (1985); Walter Brueggemann, Faith at the Nullpunkt, in THE END OF THE WORLD AND THE ENDS OF GOD: SCIENCE AND THEOLOGY ON ESCHATOLOGY 143, 143-54 (John Polkingthorne & Michel Welker eds., 2000); see also STANLEY J. GRENZ, THEOLOGY FOR THE COMMUNITY OF GOD, at ix-x (2000) ("God's central program for creation . . . [was] the establishment of [a] new community of reconciliation, fellowship, and harmony . . . a human community, . . . rather than . . . isolated individuals.").
49. Deuteronomy 4:6-7.
50. These observations are expanded in John R. Donahue, A Life Unfolds, AMERICA, Jan. 15-22, 2000, at 30 (providing a reflection on the Gospel of Mark). RAYMOND E. BROWN, S.S., AN INTRODUCTION TO THE NEW TESTAMENT (1997), suggests that (i) the canon in Christian scripture - what's in and what's out - is the product of discernment, much of it Iocal, id. at 10-12, and that (ii) such decisions were theological, rather than historical (that is, not based on evidence of authenticity), id. at 10-12. For example, the Gospel of Peter, in use in the congregation at Rhossus, was forbidden by Serapion, Bishop of Antioch, circa 190 C.E., because it was being used by docetic heretics. See id. at 10-11. This "without any debate as to whether or not it came from Peter." Id. at 10. For a second example, the Book of Revelation was not favored by the Eastern Church, nor Hebrews by the Western Church. Hebrews was not used in the West until the fourth and fifth centuries. Id. Theological arguments over the Letter of James and Mark 16:9-20 were not resolved by Roman Catholics until the Council of Trent. See id. at 52-53. And people still argue about the Gospel of Peter. See id. at 769-70.
51. These observations are expanded in John R. Donahue, A Life Unfolds, AMERICA, Jan. 15-22, 2000, at 30 (providing a reflection on the Gospel of Mark). RAYMOND E. BROWN, S.S., AN INTRODUCTION TO THE NEW TESTAMENT (1997), suggests that (i) the canon in Christian scripture - what's in and what's out - is the product of discernment, much of it Iocal, id. at 10-12, and that (ii) such decisions were theological, rather than historical (that is, not based on evidence of authenticity), id. at 10-12. For example, the Gospel of Peter, in use in the congregation at Rhossus, was forbidden by Serapion, Bishop of Antioch, circa 190 C.E., because it was being used by docetic heretics. See id. at 10-11. This "without any debate as to whether or not it came from Peter." Id. at 10. For a second example, the Book of Revelation was not favored by the Eastern Church, nor Hebrews by the Western Church. Hebrews was not used in the West until the fourth and fifth centuries. Id. Theological arguments over the Letter of James and Mark 16:9-20 were not resolved by Roman Catholics until the Council of Trent. See id. at 52-53. And people still argue about the Gospel of Peter. See id. at 769-70.
52. These observations are expanded in John R. Donahue, A Life Unfolds, AMERICA, Jan. 15-22, 2000, at 30 (providing a reflection on the Gospel of Mark). RAYMOND E. BROWN, S.S., AN INTRODUCTION TO THE NEW TESTAMENT (1997), suggests that (i) the canon in Christian scripture - what's in and what's out - is the product of discernment, much of it Iocal, id. at 10-12, and that (ii) such decisions were theological, rather than historical (that is, not based on evidence of authenticity), id. at 10-12. For example, the Gospel of Peter, in use in the congregation at Rhossus, was forbidden by Serapion, Bishop of Antioch, circa 190 C.E., because it was being used by docetic heretics. See id. at 10-11. This "without any debate as to whether or not it came from Peter." Id. at 10. For a second example, the Book of Revelation was not favored by the Eastern Church, nor Hebrews by the Western Church. Hebrews was not used in the West until the fourth and fifth centuries. Id. Theological arguments over the Letter of James and Mark 16:9-20 were not resolved by Roman Catholics until the Council of Trent. See id. at 52-53. And people still argue about the Gospel of Peter. See id. at 769-70.
53. These observations are expanded in John R. Donahue, A Life Unfolds, AMERICA, Jan. 15-22, 2000, at 30 (providing a reflection on the Gospel of Mark). RAYMOND E. BROWN, S.S., AN INTRODUCTION TO THE NEW TESTAMENT (1997), suggests that (i) the canon in Christian scripture - what's in and what's out - is the product of discernment, much of it Iocal, id. at 10-12, and that (ii) such decisions were theological, rather than historical (that is, not based on evidence of authenticity), id. at 10-12. For example, the Gospel of Peter, in use in the congregation at Rhossus, was forbidden by Serapion, Bishop of Antioch, circa 190 C.E., because it was being used by docetic heretics. See id. at 10-11. This "without any debate as to whether or not it came from Peter." Id. at 10. For a second example, the Book of Revelation was not favored by the Eastern Church, nor Hebrews by the Western Church. Hebrews was not used in the West until the fourth and fifth centuries. Id. Theological arguments over the Letter of James and Mark 16:9-20 were not resolved by Roman Catholics until the Council of Trent. See id. at 52-53. And people still argue about the Gospel of Peter. See id. at 769-70.
54. These observations are expanded in John R. Donahue, A Life Unfolds, AMERICA, Jan. 15-22, 2000, at 30 (providing a reflection on the Gospel of Mark). RAYMOND E. BROWN, S.S., AN INTRODUCTION TO THE NEW TESTAMENT (1997), suggests that (i) the canon in Christian scripture - what's in and what's out - is the product of discernment, much of it Iocal, id. at 10-12, and that (ii) such decisions were theological, rather than historical (that is, not based on evidence of authenticity), id. at 10-12. For example, the Gospel of Peter, in use in the congregation at Rhossus, was forbidden by Serapion, Bishop of Antioch, circa 190 C.E., because it was being used by docetic heretics. See id. at 10-11. This "without any debate as to whether or not it came from Peter." Id. at 10. For a second example, the Book of Revelation was not favored by the Eastern Church, nor Hebrews by the Western Church. Hebrews was not used in the West until the fourth and fifth centuries. Id. Theological arguments over the Letter of James and Mark 16:9-20 were not resolved by Roman Catholics until the Council of Trent. See id. at 52-53. And people still argue about the Gospel of Peter. See id. at 769-70.
55. These observations are expanded in John R. Donahue, A Life Unfolds, AMERICA, Jan. 15-22, 2000, at 30 (providing a reflection on the Gospel of Mark). RAYMOND E. BROWN, S.S., AN INTRODUCTION TO THE NEW TESTAMENT (1997), suggests that (i) the canon in Christian scripture - what's in and what's out - is the product of discernment, much of it Iocal, id. at 10-12, and that (ii) such decisions were theological, rather than historical (that is, not based on evidence of authenticity), id. at 10-12. For example, the Gospel of Peter, in use in the congregation at Rhossus, was forbidden by Serapion, Bishop of Antioch, circa 190 C.E., because it was being used by docetic heretics. See id. at 10-11. This "without any debate as to whether or not it came from Peter." Id. at 10. For a second example, the Book of Revelation was not favored by the Eastern Church, nor Hebrews by the Western Church. Hebrews was not used in the West until the fourth and fifth centuries. Id. Theological arguments over the Letter of James and Mark 16:9-20 were not resolved by Roman Catholics until the Council of Trent. See id. at 52-53. And people still argue about the Gospel of Peter. See id. at 769-70.
56. These observations are expanded in John R. Donahue, A Life Unfolds, AMERICA, Jan. 15-22, 2000, at 30 (providing a reflection on the Gospel of Mark). RAYMOND E. BROWN, S.S., AN INTRODUCTION TO THE NEW TESTAMENT (1997), suggests that (i) the canon in Christian scripture - what's in and what's out - is the product of discernment, much of it Iocal, id. at 10-12, and that (ii) such decisions were theological, rather than historical (that is, not based on evidence of authenticity), id. at 10-12. For example, the Gospel of Peter, in use in the congregation at Rhossus, was forbidden by Serapion, Bishop of Antioch, circa 190 C.E., because it was being used by docetic heretics. See id. at 10-11. This "without any debate as to whether or not it came from Peter." Id. at 10. For a second example, the Book of Revelation was not favored by the Eastern Church, nor Hebrews by the Western Church. Hebrews was not used in the West until the fourth and fifth centuries. Id. Theological arguments over the Letter of James and Mark 16:9-20 were not resolved by Roman Catholics until the Council of Trent. See id. at 52-53. And people still argue about the Gospel of Peter. See id. at 769-70.
57. These observations are expanded in John R. Donahue, A Life Unfolds, AMERICA, Jan. 15-22, 2000, at 30 (providing a reflection on the Gospel of Mark). RAYMOND E. BROWN, S.S., AN INTRODUCTION TO THE NEW TESTAMENT (1997), suggests that (i) the canon in Christian scripture - what's in and what's out - is the product of discernment, much of it Iocal, id. at 10-12, and that (ii) such decisions were theological, rather than historical (that is, not based on evidence of authenticity), id. at 10-12. For example, the Gospel of Peter, in use in the congregation at Rhossus, was forbidden by Serapion, Bishop of Antioch, circa 190 C.E., because it was being used by docetic heretics. See id. at 10-11. This "without any debate as to whether or not it came from Peter." Id. at 10. For a second example, the Book of Revelation was not favored by the Eastern Church, nor Hebrews by the Western Church. Hebrews was not used in the West until the fourth and fifth centuries. Id. Theological arguments over the Letter of James and Mark 16:9-20 were not resolved by Roman Catholics until the Council of Trent. See id. at 52-53. And people still argue about the Gospel of Peter. See id. at 769-70.
58. WALTER BRUEGGEMANN, OLD TESTAMENT THEOLOGY: ESSAYS ON STRUCTURE, THEME, AND TEXT 123 (Patrick E. Miller ed., 1992). Jews thus pray regularly: "It is our duty to praise the Master of all, to exalt the Creator of the universe, who has not made us like the nations of the world and has not placed us like the families of the earth; who has not designed our destiny to be like theirs, nor our lot like that of all their multitude." DAILY PRAYER BOOK 136 (Philip Birnbaum trans., 1977); cf. FREDERICK M. DENNT, ISLAM AND THE MUSLIM COMMUNITY 11, 67 (1987) (stating that the umma is the community; its consensus is infallible; it, as a community of faith, "is sustained and its peculiar identity secured by the Quran [sic] and Sunna as they are incorporated through intimate and indelible processes of personality formation and imprinting and habits of the mind, body, and heart").
59. WALTER BRUEGGEMANN, OLD TESTAMENT THEOLOGY: ESSAYS ON STRUCTURE, THEME, AND TEXT 123 (Patrick E. Miller ed., 1992). Jews thus pray regularly: "It is our duty to praise the Master of all, to exalt the Creator of the universe, who has not made us like the nations of the world and has not placed us like the families of the earth; who has not designed our destiny to be like theirs, nor our lot like that of all their multitude." DAILY PRAYER BOOK 136 (Philip Birnbaum trans., 1977); cf. FREDERICK M. DENNT, ISLAM AND THE MUSLIM COMMUNITY 11, 67 (1987) (stating that the umma is the community; its consensus is infallible; it, as a community of faith, "is sustained and its peculiar identity secured by the Quran [sic] and Sunna as they are incorporated through intimate and indelible processes of personality formation and imprinting and habits of the mind, body, and heart").
60. WALTER BRUEGGEMANN, OLD TESTAMENT THEOLOGY: ESSAYS ON STRUCTURE, THEME, AND TEXT 123 (Patrick E. Miller ed., 1992). Jews thus pray regularly: "It is our duty to praise the Master of all, to exalt the Creator of the universe, who has not made us like the nations of the world and has not placed us like the families of the earth; who has not designed our destiny to be like theirs, nor our lot like that of all their multitude." DAILY PRAYER BOOK 136 (Philip Birnbaum trans., 1977); cf. FREDERICK M. DENNT, ISLAM AND THE MUSLIM COMMUNITY 11, 67 (1987) (stating that the umma is the community; its consensus is infallible; it, as a community of faith, "is sustained and its peculiar identity secured by the Quran [sic] and Sunna as they are incorporated through intimate and indelible processes of personality formation and imprinting and habits of the mind, body, and heart").
61. BRUEGGEMANN, supra note 32, at 126.
62. Id.
63. Id. at 128; see also Peter Burns, S.J., The Problem of Socialism in Liberation Theology, 53 THEOLOGICAL STUD. 493, 498-99 (1992) (arguing that the Bible does not teach theology but teaches instead "the real-life liberation of the poor and oppressed"); Donahue, supra note 31, at 31 (asserting that God expects the Church to be prophetic and "a community of disciples," quoting John Paul II, as it is expected to understand that the God of Jews and Christians has a unique way of dealing with evil and a unique way to have the People of God figure out what evil is, as well as a unique way of revealing Himself).
64. Michael Walzer, Toward a New Realization of Jewishness, CONG. MONTHLY, June-Aug. 1994, at 3, 3.
65. Id.
66. See DAILY PRAYER BOOK, supra note 32, at 478, 486.
67. Walzer, supra note 36, at 5.
68. Brueggemann, supra note 5, at 78.
69. Id.
70. See generally WALTER BRUEGGEMANN, CADENCES OF HOME: PREACHING AMONG EXILES (1997) (characterizing Christians as a community exiled from dominant society).
71. See generally STANLEY HAUERWAS & WILLIAM H. WILLIMON, RESIDENT ALIENS: LIFE IN THE CHRISTIAN COLONY (1989) (characterizing Christians as a community of non-conformists).
72. BRUEGGEMANN, supra note 42, at 3; cf. PRAYING WITH THE JEWISH TRADITION 87 (Elias Kopciowski ed., Paula Clifford trans., 1997). Several times during the [Day of Atonement] a confession is read together which lists practically every sin, including the most serious, because the whole community is also responsible for the sin of the individual, in that, if they had intervened with moral or material help at the right time, the sinner would probably have been saved in time. Id.
73. BRUEGGEMANN, supra note 42, at 2.
74. Id. at 3.
75. Id. at 11.
76. BALL, supra note 29, at 253 n.14.
77. See MODEL RULES OF PROF'L CONDUCT R. 1.8(e) (1999).
78. BALL, supra note 29, at 36.
79. WALTER BRUEGGEMANN, ISRAEL'S PRAISE: DOXOLOGY AGAINST IDOLATRY AND IDEOLOGY 150 (1988). The "Mosaic trajectory" is a theme that runs through much of Brueggemann's work.
80. See Walzer, supra note 36, at 3.
81. Brueggemann, supra note 29, at 150.
82. See MICHAEL LERNER, JEWISH RENEWAL: A PATH TO HEALING AND TRANSFORMATION 63-65 (1994).
83. Id.
84. RODES, supra note 26, at 2-3.
85. See LERNER, supra note 54, at 64-75.
86. Id. at 65 (emphasis added).
87. Brueggemann, supra note 29, at 146.
88. This development is nowhere better illustrated than in Judge Noonan's magnificent history of Scholastic (that is, largely but not entirely academic) thought on the morals of usury, JOHN T. NOONAN, JR., THE SCHOLASTIC ANALYSIS OF USURY (1957), an account that stretches from the thirteenth-century view that earning money on money was immoral, id. at 49, to the late nineteenth century's "revised theory [that] approved all the basic financial mechanisms of a capitalistic society," id. at 408. His work on the morals of bribery is similar. See generally JOHN T. NOONAN, JR., BRIBES (1984). For a more American point of view, see his history of religious freedom, JOHN T. NOONAN, JR., THE LUSTRE OF OUR COUNTRY: THE AMERICAN EXPERIENCE OF RELIGIOUS FREEDOM (1998).
89. This development is nowhere better illustrated than in Judge Noonan's magnificent history of Scholastic (that is, largely but not entirely academic) thought on the morals of usury, JOHN T. NOONAN, JR., THE SCHOLASTIC ANALYSIS OF USURY (1957), an account that stretches from the thirteenth-century view that earning money on money was immoral, id. at 49, to the late nineteenth century's "revised theory [that] approved all the basic financial mechanisms of a capitalistic society," id. at 408. His work on the morals of bribery is similar. See generally JOHN T. NOONAN, JR., BRIBES (1984). For a more American point of view, see his history of religious freedom, JOHN T. NOONAN, JR., THE LUSTRE OF OUR COUNTRY: THE AMERICAN EXPERIENCE OF RELIGIOUS FREEDOM (1998).
90. This development is nowhere better illustrated than in Judge Noonan's magnificent history of Scholastic (that is, largely but not entirely academic) thought on the morals of usury, JOHN T. NOONAN, JR., THE SCHOLASTIC ANALYSIS OF USURY (1957), an account that stretches from the thirteenth-century view that earning money on money was immoral, id. at 49, to the late nineteenth century's "revised theory [that] approved all the basic financial mechanisms of a capitalistic society," id. at 408. His work on the morals of bribery is similar. See generally JOHN T. NOONAN, JR., BRIBES (1984). For a more American point of view, see his history of religious freedom, JOHN T. NOONAN, JR., THE LUSTRE OF OUR COUNTRY: THE AMERICAN EXPERIENCE OF RELIGIOUS FREEDOM (1998).
91. This development is nowhere better illustrated than in Judge Noonan's magnificent history of Scholastic (that is, largely but not entirely academic) thought on the morals of usury, JOHN T. NOONAN, JR., THE SCHOLASTIC ANALYSIS OF USURY (1957), an account that stretches from the thirteenth-century view that earning money on money was immoral, id. at 49, to the late nineteenth century's "revised theory [that] approved all the basic financial mechanisms of a capitalistic society," id. at 408. His work on the morals of bribery is similar. See generally JOHN T. NOONAN, JR., BRIBES (1984). For a more American point of view, see his history of religious freedom, JOHN T. NOONAN, JR., THE LUSTRE OF OUR COUNTRY: THE AMERICAN EXPERIENCE OF RELIGIOUS FREEDOM (1998).
92. This development is nowhere better illustrated than in Judge Noonan's magnificent history of Scholastic (that is, largely but not entirely academic) thought on the morals of usury, JOHN T. NOONAN, JR., THE SCHOLASTIC ANALYSIS OF USURY (1957), an account that stretches from the thirteenth-century view that earning money on money was immoral, id. at 49, to the late nineteenth century's "revised theory [that] approved all the basic financial mechanisms of a capitalistic society," id. at 408. His work on the morals of bribery is similar. See generally JOHN T. NOONAN, JR., BRIBES (1984). For a more American point of view, see his history of religious freedom, JOHN T. NOONAN, JR., THE LUSTRE OF OUR COUNTRY: THE AMERICAN EXPERIENCE OF RELIGIOUS FREEDOM (1998).
93. JOHN HOWARD YODER, THE PRIESTLY KINGDOM: SOCIAL ETHICS AS GOSPEL 16-17 (1984).
94. Id.
95. See HAROLD J. BERMAN, FAITH AND ORDER: THE RECONCILIATION OF LAW AND RELIGION 105 (1993).
96. See id.
97. YODER, supra note 61, at 23.
98. For a more thorough review of this history, see Thomas L. Shaffer, Faith Tends to Subvert Legal Order, 66 FORDHAM L. REV. 1089, 1090-95 (1998).
99. YODER, supra note 61, at 22.
100. Id. at 22-23.
101. Id. at 23. One might apply to this third test, on prophets - or perhaps to another of Yoder's categories of special ministry in the congregation - what Rodes said, in Pilgrim Law, about the particular situation of lawyers. It is true enough that if we are to serve the poor we must learn from them. We must try to see their situation as they experience it rather than filtering it through extraneous categories of our own. Even so, we cannot forget that our service to them depends on our deployment of skills that they do not have. It may be difficult to teach lawyers about the condition of the poor, but it is easier than to teach poor people law. RODES, supra note 4, at xiv. I can concede that, I think, but then want to ask whether what lawyers say about law and the practice of law is open to interpretation in the congregation and particularly whether what lawyers say about the law is open to interpretation by the poor.
102. YODER, supra note 61, at 25.
103. Id. at 27.
104. Id. at 25.
105. Id. at 40.
106. See id. at 130-34.
107. Edmund Flood, New Light on Roots of So Accessible Jesus: Joseph's Job Site, Jewish Meals Played a Part, NAT'L CATH. REP., Dec. 19, 1997, at 3-4; see also Shmuel Noah Eisenstadt, Sectarianism and Heterodoxy in Jewish History: Some Comparative Civilization Notes, 37 JEWISH STUD. 7, 19-20 (1997) (discussing Jewish social and institutional arrangements during the first two centuries after the destruction of the Second Temple).
108. Edmund Flood, New Light on Roots of So Accessible Jesus: Joseph's Job Site, Jewish Meals Played a Part, NAT'L CATH. REP., Dec. 19, 1997, at 3-4; see also Shmuel Noah Eisenstadt, Sectarianism and Heterodoxy in Jewish History: Some Comparative Civilization Notes, 37 JEWISH STUD. 7, 19-20 (1997) (discussing Jewish social and institutional arrangements during the first two centuries after the destruction of the Second Temple).
109. WALZER, supra note 29, at 107 (quoting Micah 4:4).
110. Keith G. Meador & Shaun C. Henson, Growing Old in a Therapeutic Culture, 57 THEOLOGY TODAY 185, 193 (2000).
111. Id.
112. See KARL RAHNER, THE CHURCH AFTER THE COUNCIL 44-51 (1966); DOROTHEE SÖLLE, THE TRUTH Is CONCRETE 101-09 (Dinah Livingstone trans., 1969); Martin Luther King, Jr., The Answer to a Perplexing Question, in THE TWENTIETH CENTURY PULPIT 115, 118-20 (1978).
113. See KARL RAHNER, THE CHURCH AFTER THE COUNCIL 44-51 (1966); DOROTHEE SÖLLE, THE TRUTH Is CONCRETE 101-09 (Dinah Livingstone trans., 1969); Martin Luther King, Jr., The Answer to a Perplexing Question, in THE TWENTIETH CENTURY PULPIT 115, 118-20 (1978).
114. See KARL RAHNER, THE CHURCH AFTER THE COUNCIL 44-51 (1966); DOROTHEE SÖLLE, THE TRUTH Is CONCRETE 101-09 (Dinah Livingstone trans., 1969); Martin Luther King, Jr., The Answer to a Perplexing Question, in THE TWENTIETH CENTURY PULPIT 115, 118-20 (1978).
115. Gary MacEoin, 'Seeds of the Word' in Chiapas, NAT'L CATH. REP., Feb. 18, 2000, at 10, 10.
116. See id.
117. See id.
118. See id.
119. Id.
120. Id. The Bishop told Mr. MacEoin that the people who first came to his Congress of the Indigenous in 1974 led him to begin to envision "the end of ecclesiastical imperialism in Latin America, Africa, and Asia." Id.
121. See Paul R. Tremblay, Acting 'A Very Moral Type of God': Triage Among Poor Clients, 67 FORDHAM L. REV. 2475, 2477-78 (1999).
122. MacEoin, supra note 80, at 10.
123. Id.
124. GUTIERREZ, supra note 8, at 152.
125. See Arthur Jones, Small Christian Communities Lead a Kind of Double Life, NAT'L CATH. REP., Dec. 25, 1998, at 14 (describing Xristos, "a registered Canadian charity designed to promote and develop small faith communities"). There are fifty such groups on Vancouver Island (Roman Catholic population 90,000). Id. Bishop DeRoo encourages them. Mr. Jones says Canadian Catholics are generally disaffected or indifferent. In one book, MARY Jo LEDDY ET AL., IN THE EYE OF THE CATHOLIC STORM: THE CHURCH SINCE VATICAN II 107 (1992), the authors refer to the Canadian Bishops' "Ethical Reflections" and its five steps toward "a pastoral methodology for transforming society: The first step is to identify with the poor; to be present to them, listening to their experiences." Id. at 107. The ethical reflections are in WALTER BLOCK, ON ECONOMICS AND THE CANADIAN BISHOPS 68-76 (1983). See also DOUGLAS J. ROCHE & BISHOP REMI DEROO, MAN TO MAN: A FRANK TALK BETWEEN A LAYMAN AND A BISHOP (1969).
126. See Arthur Jones, Small Christian Communities Lead a Kind of Double Life, NAT'L CATH. REP., Dec. 25, 1998, at 14 (describing Xristos, "a registered Canadian charity designed to promote and develop small faith communities"). There are fifty such groups on Vancouver Island (Roman Catholic population 90,000). Id. Bishop DeRoo encourages them. Mr. Jones says Canadian Catholics are generally disaffected or indifferent. In one book, MARY Jo LEDDY ET AL., IN THE EYE OF THE CATHOLIC STORM: THE CHURCH SINCE VATICAN II 107 (1992), the authors refer to the Canadian Bishops' "Ethical Reflections" and its five steps toward "a pastoral methodology for transforming society: The first step is to identify with the poor; to be present to them, listening to their experiences." Id. at 107. The ethical reflections are in WALTER BLOCK, ON ECONOMICS AND THE CANADIAN BISHOPS 68-76 (1983). See also DOUGLAS J. ROCHE & BISHOP REMI DEROO, MAN TO MAN: A FRANK TALK BETWEEN A LAYMAN AND A BISHOP (1969).
127. See Arthur Jones, Small Christian Communities Lead a Kind of Double Life, NAT'L CATH. REP., Dec. 25, 1998, at 14 (describing Xristos, "a registered Canadian charity designed to promote and develop small faith communities"). There are fifty such groups on Vancouver Island (Roman Catholic population 90,000). Id. Bishop DeRoo encourages them. Mr. Jones says Canadian Catholics are generally disaffected or indifferent. In one book, MARY Jo LEDDY ET AL., IN THE EYE OF THE CATHOLIC STORM: THE CHURCH SINCE VATICAN II 107 (1992), the authors refer to the Canadian Bishops' "Ethical Reflections" and its five steps toward "a pastoral methodology for transforming society: The first step is to identify with the poor; to be present to them, listening to their experiences." Id. at 107. The ethical reflections are in WALTER BLOCK, ON ECONOMICS AND THE CANADIAN BISHOPS 68-76 (1983). See also DOUGLAS J. ROCHE & BISHOP REMI DEROO, MAN TO MAN: A FRANK TALK BETWEEN A LAYMAN AND A BISHOP (1969).
128. See Arthur Jones, Small Christian Communities Lead a Kind of Double Life, NAT'L CATH. REP., Dec. 25, 1998, at 14 (describing Xristos, "a registered Canadian charity designed to promote and develop small faith communities"). There are fifty such groups on Vancouver Island (Roman Catholic population 90,000). Id. Bishop DeRoo encourages them. Mr. Jones says Canadian Catholics are generally disaffected or indifferent. In one book, MARY Jo LEDDY ET AL., IN THE EYE OF THE CATHOLIC STORM: THE CHURCH SINCE VATICAN II 107 (1992), the authors
129. See Arthur Jones, Small Christian Communities Lead a Kind of Double Life, NAT'L CATH. REP., Dec. 25, 1998, at 14 (describing Xristos, "a registered Canadian charity designed to promote and develop small faith communities"). There are fifty such groups on Vancouver Island (Roman Catholic population 90,000). Id. Bishop DeRoo encourages them. Mr. Jones says Canadian Catholics are generally disaffected or indifferent. In one book, MARY Jo LEDDY ET AL., IN THE EYE OF THE CATHOLIC STORM: THE CHURCH SINCE VATICAN II 107 (1992), the authors refer to the Canadian Bishops' "Ethical Reflections" and its five steps toward "a pastoral methodology for transforming society: The first step is to identify with the poor; to be present to them, listening to their experiences." Id. at 107. The ethical reflections are in WALTER BLOCK, ON ECONOMICS AND THE CANADIAN BISHOPS 68-76 (1983). See also DOUGLAS J. ROCHE & BISHOP REMI DEROO, MAN TO MAN: A FRANK TALK BETWEEN A LAYMAN AND A BISHOP (1969).
130. MacEoin, supra note 80, at 10.
131. See id.
132. Id.
133. J. Robert Hubert, A Compassionate Vision, AMERICA, Sept. 14, 1996, at 15, 17.
134. Id. At least at the level of procedure, Archbishop Rembert G. Weakland apparently felt qualified to tell his masters in Rome what the Roman Catholic people of Milwaukee felt about their faith, without revealing how he found out. See Rembert G. Weakland, Reflections for Rome, AMERICA, Apr. 18, 1998, at 8. Compare a procedure that uses the tools of modern social science to "listen" to the people. Mary Johnson et al., Young Adult Catholics: Conservative? Alienated? Suspicious?, AMERICA, Mar. 27, 1999, at 9.
135. Id. At least at the level of procedure, Archbishop Rembert G. Weakland apparently felt qualified to tell his masters in Rome what the Roman Catholic people of Milwaukee felt about their faith, without revealing how he found out. See Rembert G. Weakland, Reflections for Rome, AMERICA, Apr. 18, 1998, at 8. Compare a procedure that uses the tools of modern social science to "listen" to the people. Mary Johnson et al., Young Adult Catholics: Conservative? Alienated? Suspicious?, AMERICA, Mar. 27, 1999, at 9.
136. GUTIERREZ, supra note 8, at 152.
137. See Peter C. Phan, Method in Liberation Theologies, 61 THEOLOGICAL STUD. 40, 57 (2000).
138. James H. Cone, Black Theology in American Religion, 43 THEOLOGY TODAY 6, 7-8 (1986). Thus, in James H. Cone, Demystifying Martin and Malcolm, 51 THEOLOGY TODAY 27, 27 (1994), Professor Cone could argue that the Black Church produces political radicals.
139. James H. Cone, Black Theology in American Religion, 43 THEOLOGY TODAY 6, 7-8 (1986). Thus, in James H. Cone, Demystifying Martin and Malcolm, 51 THEOLOGY TODAY 27, 27 (1994), Professor Cone could argue that the Black Church produces political radicals.
140. Rosemary Radford Ruether, Re-contextualizing Theology, 43 THEOLOGY TODAY 22, 25 (1986).
141. Emily Hiestand, Hymn, ATLANTIC MONTHLY, July 1998, at 71, 72.
142. Id. at 74.
143. Id.
144. Id. at 76.
145. Id. at 78.
146. James H. Cone, Martin Luther King, Jr., Black Theology - Black Church, 40 THEOLOGY TODAY 409, 419 (1984).
147. Hiestand, supra note 100, at 75.
148. Ruether, supra note 99, at 26.
149. Cone, supra note 98, at 17; see also Sandra M. Schneiders, Madeleva Lecture at St. Mary's College, Notre Dame, Indiana (Apr. 30, 2000) (stating that ethical heresy is "the hermeneutical advantage that the poor and oppressed have forced upon them, namely, a view of social systems from the standpoint of those for whom these systems do net work"). Professor Schneiders compared that "hermeneutical advantage," and the perspective it provides, with what she spoke of as communal discernment. "Either we get to the Promised Land together as a people, or none of us does. Purely private good is an obsolete category." Id.
150. MacEoin, supra note 80, at 10.
151. Hiestand, supra note 100, at 71.
152. Id. at 80.
153. Id.
154. Id. at 77.
155. Id. at 76. See generally Pamela Dickey Young, Beyond Moral Influence to an Atoning Life, 52 THEOLOGY TODAY 344 (1995) (discussing the unifying influence of the Black Church).
156. See Cone, supra note 98, at 12.
157. Hiestand, supra note 100, at 77.
158. Jesse Jackson, Martin Luther King Day Talk (Jan. 17, 2000).
159. See JEROME H. NEYREY, HONOR AND SHAME IN THE GOSPEL OF MATTHEW 227-28 (1998); DOROTHEE SÖLLE, THINKING ABOUT GOD: AN INTRODUCTION TO THEOLOGY 133 (1990); William P. Loewe, From the Humanity of Christ to the Historical Jesus, 61 THEOLOGICAL STUD. 314, 320 (2000) (speaking of "the community of those who respond in faith to the classic expressions of the event of Jesus Christ" keeping alive and reformulating the dangerous or subversive memory of Jesus). "The Church," Sandra M. Schneiders said at the 2000 Madeleva Lecture at St. Mary's College, still oscillates between apologizing for the mistakes and violence of the past and making new and equally violent mistakes in the present . . . either stereotypically male, fiercely independent and even condemnatory of culture . . . or stereotypically female, merged to the point of innocuous invisibility into its cultural surroundings. Critical participation, that is, a genuinely prophetic presence, is difficult to sustain. [Jesus] was both a profoundly religious person who could not be absorbed by the religious institution and a powerfully subversive participant in his society whom no political party or revolutionary agenda could claim. Schneiders, supra note 108. Professor Schneiders spoke, I think, of the hierarchical church. Consider, by way of contrast, George W. Hunt, Of Many Things, AMERICA, July 20, 1996, at 1, 1, arguing that the Roman Catholic Church has tended in modern times to centralization, to institutions that centralize authority. For example, he says, until the nineteenth century Vatican policy was to leave the appointment of bishops to the local church. See id.; Ken Smits, Letter to the Editor, New Richness, AMERICA, Sept. 30, 2000, at 29, 29 ("It is important to remember that the authentic basis of devotion to the saints lies in the local popular cult. This existed long before the process was taken over by papal authority."). The question might be put as whether the local congregation is ethically instrumental. See Marian Y. Adell, The Body of Christ in Methodist Hymnody: Dismembered and Remembered, 1996 PROCEEDINGS OF THE N. AM. ACAD. OF LITURGY 77, 90 (1996) (commenting on the decline of the Constantinian Church in modern American Protestantism). Adell writes, "Whereas Methodist teaching earlier in the twentieth century had left the church useful but unnecessary, there now was a form of grace available through the church which could not be replicated elsewhere." Id.; see also JOHN C. HAUGHEY, S.J., THE HOLY USE OF MONEY: PERSONAL FINANCE IN THE LIGHT OF CHRISTIAN FAITH 147, 184-85 (1986) (stating that bringing money to Jesus, a local thing to do, is among the communal "acts of inclusion" and is "the stuff of Christology"); MCCARRAHER, supra note 5, at 187 (developing an argument, notably with Christopher Lasch, that politics from the Church is communal and not just another "liberal" idea). McCarraher suggests that congregational politics would solve the problem of academics living "the lives of mobile, harried, e-mail-deluged professionals whose commitments curtail the time and labor available for a 'religious-popular' front," id., and thereby reduce "the gulf between the classrooms and the pews," id. at 189.
160. See JEROME H. NEYREY, HONOR AND SHAME IN THE GOSPEL OF MATTHEW 227-28 (1998); DOROTHEE SÖLLE, THINKING ABOUT GOD: AN INTRODUCTION TO THEOLOGY 133 (1990); William P. Loewe, From the Humanity of Christ to the Historical Jesus, 61 THEOLOGICAL STUD. 314, 320 (2000) (speaking of "the community of those who respond in faith to the classic expressions of the event of Jesus Christ" keeping alive and reformulating the dangerous or subversive memory of Jesus). "The Church," Sandra M. Schneiders said at the 2000 Madeleva Lecture at St. Mary's College, still oscillates between apologizing for the mistakes and violence of the past and making new and equally violent mistakes in the present . . . either stereotypically male, fiercely independent and even condemnatory of culture . . . or stereotypically female, merged to the point of innocuous invisibility into its cultural surroundings. Critical participation, that is, a genuinely prophetic presence, is difficult to sustain. [Jesus] was both a profoundly religious person who could not be absorbed by the religious institution and a powerfully subversive participant in his society whom no political party or revolutionary agenda could claim. Schneiders, supra note 108. Professor Schneiders spoke, I think, of the hierarchical church. Consider, by way of contrast, George W. Hunt, Of Many Things, AMERICA, July 20, 1996, at 1, 1, arguing that the Roman Catholic Church has tended in modern times to centralization, to institutions that centralize authority. For example, he says, until the nineteenth century Vatican policy was to leave the appointment of bishops to the local church. See id.; Ken Smits, Letter to the Editor, New Richness, AMERICA, Sept. 30, 2000, at 29, 29 ("It is important to remember that the authentic basis of devotion to the saints lies in the local popular cult. This existed long before the process was taken over by papal authority."). The question might be put as whether the local congregation is ethically instrumental. See Marian Y. Adell, The Body of Christ in Methodist Hymnody: Dismembered and Remembered, 1996 PROCEEDINGS OF THE N. AM. ACAD. OF LITURGY 77, 90 (1996) (commenting on the decline of the Constantinian Church in modern American Protestantism). Adell writes, "Whereas Methodist teaching earlier in the twentieth century had left the church useful but unnecessary, there now was a form of grace available through the church which could not be replicated elsewhere." Id.; see also JOHN C. HAUGHEY, S.J., THE HOLY USE OF MONEY: PERSONAL FINANCE IN THE LIGHT OF CHRISTIAN FAITH 147, 184-85 (1986) (stating that bringing money to Jesus, a local thing to do, is among the communal "acts of inclusion" and is "the stuff of Christology"); MCCARRAHER, supra note 5, at 187 (developing an argument, notably with Christopher Lasch, that politics from the Church is communal and not just another "liberal" idea). McCarraher suggests that congregational politics would solve the problem of academics living "the lives of mobile, harried, e-mail-deluged professionals whose commitments curtail the time and labor available for a 'religious-popular' front," id., and thereby reduce "the gulf between the classrooms and the pews," id. at 189.
161. See JEROME H. NEYREY, HONOR AND SHAME IN THE GOSPEL OF MATTHEW 227-28 (1998); DOROTHEE SÖLLE, THINKING ABOUT GOD: AN INTRODUCTION TO THEOLOGY 133 (1990); William P. Loewe, From the Humanity of Christ to the Historical Jesus, 61 THEOLOGICAL STUD. 314, 320 (2000) (speaking of "the community of those who respond in faith to the classic expressions of the event of Jesus Christ" keeping alive and reformulating the dangerous or subversive memory of Jesus). "The Church," Sandra M. Schneiders said at the 2000 Madeleva Lecture at St. Mary's College, still oscillates between apologizing for the mistakes and violence of the past and making new and equally violent mistakes in the present . . . either stereotypically male, fiercely independent and even condemnatory of culture . . . or stereotypically female, merged to the point of innocuous invisibility into its cultural surroundings. Critical participation, that is, a genuinely prophetic presence, is difficult to sustain. [Jesus] was both a profoundly religious person who could not be absorbed by the religious institution and a powerfully subversive participant in his society whom no political party or revolutionary agenda could claim. Schneiders, supra note 108. Professor Schneiders spoke, I think, of the hierarchical church. Consider, by way of contrast, George W. Hunt, Of Many Things, AMERICA, July 20, 1996, at 1, 1, arguing that the Roman Catholic Church has tended in modern times to centralization, to institutions that centralize authority. For example, he says, until the nineteenth century Vatican policy was to leave the appointment of bishops to the local church. See id.; Ken Smits, Letter to the Editor, New Richness, AMERICA, Sept. 30, 2000, at 29, 29 ("It is important to remember that the authentic basis of devotion to the saints lies in the local popular cult. This existed long before the process was taken over by papal authority."). The question might be put as whether the local congregation is ethically instrumental. See Marian Y. Adell, The Body of Christ in Methodist Hymnody: Dismembered and Remembered, 1996 PROCEEDINGS OF THE N. AM. ACAD. OF LITURGY 77, 90 (1996) (commenting on the decline of the Constantinian Church in modern American Protestantism). Adell writes, "Whereas Methodist teaching earlier in the twentieth century had left the church useful but unnecessary, there now was a form of grace available through the church which could not be replicated elsewhere." Id.; see also JOHN C. HAUGHEY, S.J., THE HOLY USE OF MONEY: PERSONAL FINANCE IN THE LIGHT OF CHRISTIAN FAITH 147, 184-85 (1986) (stating that bringing money to Jesus, a local thing to do, is among the communal "acts of inclusion" and is "the stuff of Christology"); MCCARRAHER, supra note 5, at 187 (developing an argument, notably with Christopher Lasch, that politics from the Church is communal and not just another "liberal" idea). McCarraher suggests that congregational politics would solve the problem of academics living "the lives of mobile, harried, e-mail-deluged professionals whose commitments curtail the time and labor available for a 'religious-popular' front," id., and thereby reduce "the gulf between the classrooms and the pews," id. at 189.
162. See JEROME H. NEYREY, HONOR AND SHAME IN THE GOSPEL OF MATTHEW 227-28 (1998); DOROTHEE SÖLLE, THINKING ABOUT GOD: AN INTRODUCTION TO THEOLOGY 133 (1990); William P. Loewe, From the Humanity of Christ to the Historical Jesus, 61 THEOLOGICAL STUD. 314, 320 (2000) (speaking of "the community of those who respond in faith to the classic expressions of the event of Jesus Christ" keeping alive and reformulating the dangerous or subversive memory of Jesus). "The Church," Sandra M. Schneiders said at the 2000 Madeleva Lecture at St. Mary's College, still oscillates between apologizing for the mistakes and violence of the past and making new and equally violent mistakes in the present . . . either stereotypically male, fiercely independent and even condemnatory of culture . . . or stereotypically female, merged to the point of innocuous invisibility into its cultural surroundings. Critical participation, that is, a genuinely prophetic presence, is difficult to sustain. [Jesus] was both a profoundly religious person who could not be absorbed by the religious institution and a powerfully subversive participant in his society whom no political party or revolutionary agenda could claim. Schneiders, supra note 108. Professor Schneiders spoke, I think, of the hierarchical church. Consider, by way of contrast, George W. Hunt, Of Many Things, AMERICA, July 20, 1996, at 1, 1, arguing that the Roman Catholic Church has tended in modern times to centralization, to institutions that centralize authority. For example, he says, until the nineteenth century Vatican policy was to leave the appointment of bishops to the local church. See id.; Ken Smits, Letter to the Editor, New Richness, AMERICA, Sept. 30, 2000, at 29, 29 ("It is important to remember that the authentic basis of devotion to the saints lies in the local popular cult. This existed long before the process was taken over by papal authority."). The question might be put as whether the local congregation is ethically instrumental. See Marian Y. Adell, The Body of Christ in Methodist Hymnody: Dismembered and Remembered, 1996 PROCEEDINGS OF THE N. AM. ACAD. OF LITURGY 77, 90 (1996) (commenting on the decline of the Constantinian Church in modern American Protestantism). Adell writes, "Whereas Methodist teaching earlier in the twentieth century had left the church useful but unnecessary, there now was a form of grace available through the church which could not be replicated elsewhere." Id.; see also JOHN C. HAUGHEY, S.J., THE HOLY USE OF MONEY: PERSONAL FINANCE IN THE LIGHT OF CHRISTIAN FAITH 147, 184-85 (1986) (stating that bringing money to Jesus, a local thing to do, is among the communal "acts of inclusion" and is "the stuff of Christology"); MCCARRAHER, supra note 5, at 187 (developing an argument, notably with Christopher Lasch, that politics from the Church is communal and not just another "liberal" idea). McCarraher suggests that congregational politics would solve the problem of academics living "the lives of mobile, harried, e-mail-deluged professionals whose commitments curtail the time and labor available for a 'religious-popular' front," id., and thereby reduce "the gulf between the classrooms and the pews," id. at 189.
163. See JEROME H. NEYREY, HONOR AND SHAME IN THE GOSPEL OF MATTHEW 227-28 (1998); DOROTHEE SÖLLE, THINKING ABOUT GOD: AN INTRODUCTION TO THEOLOGY 133 (1990); William P. Loewe, From the Humanity of Christ to the Historical Jesus, 61 THEOLOGICAL STUD. 314, 320 (2000) (speaking of "the community of those who respond in faith to the classic expressions of the event of Jesus Christ" keeping alive and reformulating the dangerous or subversive memory of Jesus). "The Church," Sandra M. Schneiders said at the 2000 Madeleva Lecture at St. Mary's College, still oscillates between apologizing for the mistakes and violence of the past and making new and equally violent mistakes in the present . . . either stereotypically male, fiercely independent and even condemnatory of culture . . . or stereotypically female, merged to the point of innocuous invisibility into its cultural surroundings. Critical participation, that is, a genuinely prophetic presence, is difficult to sustain. [Jesus] was both a profoundly religious person who could not be absorbed by the religious institution and a powerfully subversive participant in his society whom no political party or revolutionary agenda could claim. Schneiders, supra note 108. Professor Schneiders spoke, I think, of the hierarchical church. Consider, by way of contrast, George W. Hunt, Of Many Things, AMERICA, July 20, 1996, at 1, 1, arguing that the Roman Catholic Church has tended in modern times to centralization, to institutions that centralize authority. For example, he says, until the nineteenth century Vatican policy was to leave the appointment of bishops to the local church. See id.; Ken Smits, Letter to the Editor, New Richness, AMERICA, Sept. 30, 2000, at 29, 29 ("It is important to remember that the authentic basis of devotion to the saints lies in the local popular cult. This existed long before the process was taken over by papal authority."). The question might be put as whether the local congregation is ethically instrumental. See Marian Y. Adell, The Body of Christ in Methodist Hymnody: Dismembered and Remembered, 1996 PROCEEDINGS OF THE N. AM. ACAD. OF LITURGY 77, 90 (1996) (commenting on the decline of the Constantinian Church in modern American Protestantism). Adell writes, "Whereas Methodist teaching earlier in the twentieth century had left the church useful but unnecessary, there now was a form of grace available through the church which could not be replicated elsewhere." Id.; see also JOHN C. HAUGHEY, S.J., THE HOLY USE OF MONEY: PERSONAL FINANCE IN THE LIGHT OF CHRISTIAN FAITH 147, 184-85 (1986) (stating that bringing money to Jesus, a local thing to do, is among the communal "acts of inclusion" and is "the stuff of Christology"); MCCARRAHER, supra note 5, at 187 (developing an argument, notably with Christopher Lasch, that politics from the Church is communal and not just another "liberal" idea). McCarraher suggests that congregational politics would solve the problem of academics living "the lives of mobile, harried, e-mail-deluged professionals whose commitments curtail the time and labor available for a 'religious-popular' front," id., and thereby reduce "the gulf between the classrooms and the pews," id. at 189.
164. See JEROME H. NEYREY, HONOR AND SHAME IN THE GOSPEL OF MATTHEW 227-28 (1998); DOROTHEE SÖLLE, THINKING ABOUT GOD: AN INTRODUCTION TO THEOLOGY 133 (1990); William P. Loewe, From the Humanity of Christ to the Historical Jesus, 61 THEOLOGICAL STUD. 314, 320 (2000) (speaking of "the community of those who respond in faith to the classic expressions of the event of Jesus Christ" keeping alive and reformulating the dangerous or subversive memory of Jesus). "The Church," Sandra M. Schneiders said at the 2000 Madeleva Lecture at St. Mary's College, still oscillates between apologizing for the mistakes and violence of the past and making new and equally violent mistakes in the present . . . either stereotypically male, fiercely independent and even condemnatory of culture . . . or stereotypically female, merged to the point of innocuous invisibility into its cultural surroundings. Critical participation, that is, a genuinely prophetic presence, is difficult to sustain. [Jesus] was both a profoundly religious person who could not be absorbed by the religious institution and a powerfully subversive participant in his society whom no political party or revolutionary agenda could claim. Schneiders, supra note 108. Professor Schneiders spoke, I think, of the hierarchical church. Consider, by way of contrast, George W. Hunt, Of Many Things, AMERICA, July 20, 1996, at 1, 1, arguing that the Roman Catholic Church has tended in modern times to centralization, to institutions that centralize authority. For example, he says, until the nineteenth century Vatican policy was to leave the appointment of bishops to the local church. See id.; Ken Smits, Letter to the Editor, New Richness, AMERICA, Sept. 30, 2000, at 29, 29 ("It is important to remember that the authentic basis of devotion to the saints lies in the local popular cult. This existed long before the process was taken over by papal authority."). The question might be put as whether the local congregation is ethically instrumental. See Marian Y. Adell, The Body of Christ in Methodist Hymnody: Dismembered and Remembered, 1996 PROCEEDINGS OF THE N. AM. ACAD. OF LITURGY 77, 90 (1996) (commenting on the decline of the Constantinian Church in modern American Protestantism). Adell writes, "Whereas Methodist teaching earlier in the twentieth century had left the church useful but unnecessary, there now was a form of grace available through the church which could not be replicated elsewhere." Id.; see also JOHN C. HAUGHEY, S.J., THE HOLY USE OF MONEY: PERSONAL FINANCE IN THE LIGHT OF CHRISTIAN FAITH 147, 184-85 (1986) (stating that bringing money to Jesus, a local thing to do, is among the communal "acts of inclusion" and is "the stuff of Christology"); MCCARRAHER, supra note 5, at 187 (developing an argument, notably with Christopher Lasch, that politics from the Church is communal and not just another "liberal" idea). McCarraher suggests that congregational politics would solve the problem of academics living "the lives of mobile, harried, e-mail-deluged professionals whose commitments curtail the time and labor available for a 'religious-popular' front," id., and thereby reduce "the gulf between the classrooms and the pews," id. at 189.
165. See JEROME H. NEYREY, HONOR AND SHAME IN THE GOSPEL OF MATTHEW 227-28 (1998); DOROTHEE SÖLLE, THINKING ABOUT GOD: AN INTRODUCTION TO THEOLOGY 133 (1990); William P. Loewe, From the Humanity of Christ to the Historical Jesus, 61 THEOLOGICAL STUD. 314, 320 (2000) (speaking of "the community of those who respond in faith to the classic expressions of the event of Jesus Christ" keeping alive and reformulating the dangerous or subversive memory of Jesus). "The Church," Sandra M. Schneiders said at the 2000 Madeleva Lecture at St. Mary's College, still oscillates between apologizing for the mistakes and violence of the past and making new and equally violent mistakes in the present . . . either stereotypically male, fiercely independent and even condemnatory of culture . . . or stereotypically female, merged to the point of innocuous invisibility into its cultural surroundings. Critical participation, that is, a genuinely prophetic presence, is difficult to sustain. [Jesus] was both a profoundly religious person who could not be absorbed by the religious institution and a powerfully subversive participant in his society whom no political party or revolutionary agenda could claim. Schneiders, supra note 108. Professor Schneiders spoke, I think, of the hierarchical church. Consider, by way of contrast, George W. Hunt, Of Many Things, AMERICA, July 20, 1996, at 1, 1, arguing that the Roman Catholic Church has tended in modern times to centralization, to institutions that centralize authority. For example, he says, until the nineteenth century Vatican policy was to leave the appointment of bishops to the local church. See id.; Ken Smits, Letter to the Editor, New Richness, AMERICA, Sept. 30, 2000, at 29, 29 ("It is important to remember that the authentic basis of devotion to the saints lies in the local popular cult. This existed long before the process was taken over by papal authority."). The question might be put as whether the local congregation is ethically instrumental. See Marian Y. Adell, The Body of Christ in Methodist Hymnody: Dismembered and Remembered, 1996 PROCEEDINGS OF THE N. AM. ACAD. OF LITURGY 77, 90 (1996) (commenting on the decline of the Constantinian Church in modern American Protestantism). Adell writes, "Whereas Methodist teaching earlier in the twentieth century had left the church useful but unnecessary, there now was a form of grace available through the church which could not be replicated elsewhere." Id.; see also JOHN C. HAUGHEY, S.J., THE HOLY USE OF MONEY: PERSONAL FINANCE IN THE LIGHT OF CHRISTIAN FAITH 147, 184-85 (1986) (stating that bringing money to Jesus, a local thing to do, is among the communal "acts of inclusion" and is "the stuff of Christology"); MCCARRAHER, supra note 5, at 187 (developing an argument, notably with Christopher Lasch, that politics from the Church is communal and not just another "liberal" idea). McCarraher suggests that congregational politics would solve the problem of academics living "the lives of mobile, harried, e-mail-deluged professionals whose commitments curtail the time and labor available for a 'religious-popular' front," id., and thereby reduce "the gulf between the classrooms and the pews," id. at 189.
166. Loewe, supra note 118, at 320; see also NEYREY, supra note 118, at 181, 183, 187, 227-28 (showing how the portrayal of Jesus by St. Matthew describes a person who rejected conventional social ideas of honor, revenge, and mercy); Stephen C. Barton, Christian Community in the Light of I Corinthians, 10 STUD. CHRISTIAN ETHICS 1, 11 (1997) (explaining that St. Paul wanted the Church in Corinth to be a "contrast society").
167. GUTIERREZ, supra note 7, at 259.
168. Id. at 269-70; see also GUSTAVO GUTIERREZ, THE GOD OF LIFE, at xiv (Matthew J. O'Connell trans., 1991) (1989) ("The act of believing is a vital and communal experience. The mystery of God must be accepted in prayer and commitment. . . . Within this combined contemplation and practice there arise the categories and language needed for communicating God to others.").
169. GUTIERREZ, THE GOD OF LIFE, supra note 121, at 258.
170. Id. at 263.
171. See Walter Klaassen, Anabaptist Ethics, in THE WESTMINSTER DICTIONARY OF CHRISTIAN ETHICS 20, 20-21 (James F. Childress & John Macquarrie eds., 1986); Walter Klaassen, Mennonite Ethics, in THE WESTMINSTER DICTIONARY OF CHRISTIAN ETHICS, supra, at 377, 377-78; Shaffer, supra note 66, at 1090-95; Max L. Stackhouse, Sect, in THE WESTMINSTER DICTIONARY OF CHRISTIAN ETHICS, supra, at 566, 566-67; see also Thomas N. Finger, The Problem of Law During the Protestant Reformation, in THE BIBLE AND THE LAW 65, 90-91 (1982) (describing the position of Anabaptists on "Christians interested in legal matters").
172. See Walter Klaassen, Anabaptist Ethics, in THE WESTMINSTER DICTIONARY OF CHRISTIAN ETHICS 20, 20-21 (James F. Childress & John Macquarrie eds., 1986); Walter Klaassen, Mennonite Ethics, in THE WESTMINSTER DICTIONARY OF CHRISTIAN ETHICS, supra, at 377, 377-78; Shaffer, supra note 66, at 1090-95; Max L. Stackhouse, Sect, in THE WESTMINSTER DICTIONARY OF CHRISTIAN ETHICS, supra, at 566, 566-67; see also Thomas N. Finger, The Problem of Law During the Protestant Reformation, in THE BIBLE AND THE LAW 65, 90-91 (1982) (describing the position of Anabaptists on "Christians interested in legal matters").
173. See Walter Klaassen, Anabaptist Ethics, in THE WESTMINSTER DICTIONARY OF CHRISTIAN ETHICS 20, 20-21 (James F. Childress & John Macquarrie eds., 1986); Walter Klaassen, Mennonite Ethics, in THE WESTMINSTER DICTIONARY OF CHRISTIAN ETHICS, supra, at 377, 377-78; Shaffer, supra note 66, at 1090-95; Max L. Stackhouse, Sect, in THE WESTMINSTER DICTIONARY OF CHRISTIAN ETHICS, supra, at 566, 566-67; see also Thomas N. Finger, The Problem of Law During the Protestant Reformation, in THE BIBLE AND THE LAW 65, 90-91 (1982) (describing the position of Anabaptists on "Christians interested in legal matters").
174. See Walter Klaassen, Anabaptist Ethics, in THE WESTMINSTER DICTIONARY OF CHRISTIAN ETHICS 20, 20-21 (James F. Childress & John Macquarrie eds., 1986); Walter Klaassen, Mennonite Ethics, in THE WESTMINSTER DICTIONARY OF CHRISTIAN ETHICS, supra, at 377, 377-78; Shaffer, supra note 66, at 1090-95; Max L. Stackhouse, Sect, in THE WESTMINSTER DICTIONARY OF CHRISTIAN ETHICS, supra, at 566, 566-67; see also Thomas N. Finger, The Problem of Law During the Protestant Reformation, in THE BIBLE AND THE LAW 65, 90-91 (1982) (describing the position of Anabaptists on "Christians interested in legal matters").
175. The Hutterites date from the 1530s in Moravia; their distinction among other Anabaptist groups is common ownership of property. WILLIAM R. ESTEP, THE ANABAPTIST STORY: AN INTRODUCTION TO SIXTEENTH-CENTURY ANABAPTISM 131-37 (3d ed. 1996). Three modern Hutterite communities are described in The Bruderhof: The Community Movement Behind Plough, PLOUGH READER, Apr.-May 2000, at 69. A fourth is described in Alternative Communities: Montana Eden, ECONOMIST, Jan. 8, 2000, at 31. See also Leonard Gross, Jurisprudential Perspectives in the Light of Anabaptist-Mennonite Tradition: Bibliography with an Interpretive Introduction, 5 CHRISTIAN LEGAL SOC'Y Q. 16, 16-19 (1984); Robert E. Rodes, Jr., The Cause of Love, CATH. WORKER, Dec. 1998, at 6 (describing the Hutterites in World War I, who were imprisoned for their refusal to submit to military service and were killed there). What made these Hutterites special was the support of their community during bitter experience. As a result, the community Rodes describes moved to Canada after the war. Id.
176. The Hutterites date from the 1530s in Moravia; their distinction among other Anabaptist groups is common ownership of property. WILLIAM R. ESTEP, THE ANABAPTIST STORY: AN INTRODUCTION TO SIXTEENTH-CENTURY ANABAPTISM 131-37 (3d ed. 1996). Three modern Hutterite communities are described in The Bruderhof: The Community Movement Behind Plough, PLOUGH READER, Apr.-May 2000, at 69. A fourth is described in Alternative Communities: Montana Eden, ECONOMIST, Jan. 8, 2000, at 31. See also Leonard Gross, Jurisprudential Perspectives in the Light of Anabaptist-Mennonite Tradition: Bibliography with an Interpretive Introduction, 5 CHRISTIAN LEGAL SOC'Y Q. 16, 16-19 (1984); Robert E. Rodes, Jr., The Cause of Love, CATH. WORKER, Dec. 1998, at 6 (describing the Hutterites in World War I, who were imprisoned for their refusal to submit to military service and were killed there). What made these Hutterites special was the support of their community during bitter experience. As a result, the community Rodes describes moved to Canada after the war. Id.
177. The Hutterites date from the 1530s in Moravia; their distinction among other Anabaptist groups is common ownership of property. WILLIAM R. ESTEP, THE ANABAPTIST STORY: AN INTRODUCTION TO SIXTEENTH-CENTURY ANABAPTISM 131-37 (3d ed. 1996). Three modern Hutterite communities are described in The Bruderhof: The Community Movement Behind Plough, PLOUGH READER, Apr.-May 2000, at 69. A fourth is described in Alternative Communities: Montana Eden, ECONOMIST, Jan. 8, 2000, at 31. See also Leonard Gross, Jurisprudential Perspectives in the Light of Anabaptist-Mennonite Tradition: Bibliography with an Interpretive Introduction, 5 CHRISTIAN LEGAL SOC'Y Q. 16, 16-19 (1984); Robert E. Rodes, Jr., The Cause of Love, CATH. WORKER, Dec. 1998, at 6 (describing the Hutterites in World War I, who were imprisoned for their refusal to submit to military service and were killed there). What made these Hutterites special was the support of their community during bitter experience. As a result, the community Rodes describes moved to Canada after the war. Id.
178. The Hutterites date from the 1530s in Moravia; their distinction among other Anabaptist groups is common ownership of property. WILLIAM R. ESTEP, THE ANABAPTIST STORY: AN INTRODUCTION TO SIXTEENTH-CENTURY ANABAPTISM 131-37 (3d ed. 1996). Three modern Hutterite communities are described in The Bruderhof: The Community Movement Behind Plough, PLOUGH READER, Apr.-May 2000, at 69. A fourth is described in Alternative Communities: Montana Eden, ECONOMIST, Jan. 8, 2000, at 31. See also Leonard Gross, Jurisprudential Perspectives in the Light of Anabaptist-Mennonite Tradition: Bibliography with an Interpretive Introduction, 5 CHRISTIAN LEGAL SOC'Y Q. 16, 16-19 (1984); Robert E. Rodes, Jr., The Cause of Love, CATH. WORKER, Dec. 1998, at 6 (describing the Hutterites in World War I, who were imprisoned for their refusal to submit to military service and were killed there). What made these Hutterites special was the support of their community during bitter experience. As a result, the community Rodes describes moved to Canada after the war. Id.
179. The Hutterites date from the 1530s in Moravia; their distinction among other Anabaptist groups is common ownership of property. WILLIAM R. ESTEP, THE ANABAPTIST STORY: AN INTRODUCTION TO SIXTEENTH-CENTURY ANABAPTISM 131-37 (3d ed. 1996). Three modern Hutterite communities are described in The Bruderhof: The Community Movement Behind Plough, PLOUGH READER, Apr.-May 2000, at 69. A fourth is described in Alternative Communities: Montana Eden, ECONOMIST, Jan. 8, 2000, at 31. See also Leonard Gross, Jurisprudential Perspectives in the Light of Anabaptist-Mennonite Tradition: Bibliography with an Interpretive Introduction, 5 CHRISTIAN LEGAL SOC'Y Q. 16, 16-19 (1984); Robert E. Rodes, Jr., The Cause of Love, CATH. WORKER, Dec. 1998, at 6 (describing the Hutterites in World War I, who were imprisoned for their refusal to submit to military service and were killed there). What made these Hutterites special was the support of their community during bitter experience. As a result, the community Rodes describes moved to Canada after the war. Id.
180. Shaffer, supra note 66, at 1091.
181. Id. at 1091-95.
182. See id..
183. GUTIERREZ, THE GOD OF LIFE, supra note 121, at 65-67.
184. Id. at 63-64.
185. See id.
186. Id. at 65.
187. Id.
188. Id. at 64.
189. Id. at 71.
190. See id.
191. This phrase appears in the beginning phase of a program on modern Anabaptism (the Amish, the Mennonites, and the Hutterites) at the Menno-Hof, a museum in Shipshewana, Indiana. Judge Noonan argues in an analogous way for independent scholarly centers for "advanced Catholic studies" that would be characterized by "independence, cooperativeness, concentration." John T. Noonan, Jr., An Institute for Advanced Catholic Studies, AMERICA, July 1, 2000, at 7. He says that, "as family members more conscious of the family's flaws and virtues than strangers could ever be, believers may begin such an enterprise to explore, to enrich, to encompass their Catholic cultural heritage." Id.; see also John T. McGreevy, A Case of Doctrinal Development: John T. Noonan, Jurist, Historian, Author, Sage, AMERICA, Nov. 17, 2000, at 12; John T. Noonan, An Institute for Advanced Catholic Studies, AMERICA, July 1, 2000, at 7 (arguing that the relationship between faith and reason "could fruitfully be explored" in an institute for advanced Catholic studies).
192. This phrase appears in the beginning phase of a program on modern Anabaptism (the Amish, the Mennonites, and the Hutterites) at the Menno-Hof, a museum in Shipshewana, Indiana. Judge Noonan argues in an analogous way for independent scholarly centers for "advanced Catholic studies" that would be characterized by "independence, cooperativeness, concentration." John T. Noonan, Jr., An Institute for Advanced Catholic Studies, AMERICA, July 1, 2000, at 7. He says that, "as family members more conscious of the family's flaws and virtues than strangers could ever be, believers may begin such an enterprise to explore, to enrich, to encompass their Catholic cultural heritage." Id.; see also John T. McGreevy, A Case of Doctrinal Development: John T. Noonan, Jurist, Historian, Author, Sage, AMERICA, Nov. 17, 2000, at 12; John T. Noonan, An Institute for Advanced Catholic Studies, AMERICA, July 1, 2000, at 7 (arguing that the relationship between faith and reason "could fruitfully be explored" in an institute for advanced Catholic studies).
193. This phrase appears in the beginning phase of a program on modern Anabaptism (the Amish, the Mennonites, and the Hutterites) at the Menno-Hof, a museum in Shipshewana, Indiana. Judge Noonan argues in an analogous way for independent scholarly centers for "advanced Catholic studies" that would be characterized by "independence, cooperativeness, concentration." John T. Noonan, Jr., An Institute for Advanced Catholic Studies, AMERICA, July 1, 2000, at 7. He says that, "as family members more conscious of the family's flaws and virtues than strangers could ever be, believers may begin such an enterprise to explore, to enrich, to encompass their Catholic cultural heritage." Id.; see also John T. McGreevy, A Case of Doctrinal Development: John T. Noonan, Jurist, Historian, Author, Sage, AMERICA, Nov. 17, 2000, at 12; John T. Noonan, An Institute for Advanced Catholic Studies, AMERICA, July 1, 2000, at 7 (arguing that the relationship between faith and reason "could fruitfully be explored" in an institute for advanced Catholic studies).
194. J. Budziszeski, The Problem with Communitarianism, FIRST THINGS, Mar. 1995, at 22, 22-23.
195. GUTIERREZ, supra note 7, at 104.
196. See L.A. King, Legalism or Permissiveness: An Inescapable Dilemma?, 97 CHRISTIAN CENTURY 434 (1980). Somewhat contrary to the impression that persecution drove their Anabaptist cousins on the continent into enclaves, the history of the second generation of English Quakers (after 1690) appears to have been that they became more "gathered" in an attempt to reclaim their original rigor from lukewarm members - rather like the Amish perhaps. King explains, "[w]hat was happening during this period in Friends' history was a change from bold expectation of conquering the world for Christ to fear of being infiltrated by the world and its spirit - a mood shift from the offensive to the defensive." Id. at 435. King notes somewhat the same complaint from John Wesley toward the end of his life. See id. at 435-36.
197. See L.A. King, Legalism or Permissiveness: An Inescapable Dilemma?, 97 CHRISTIAN CENTURY 434 (1980). Somewhat contrary to the impression that persecution drove their Anabaptist cousins on the continent into enclaves, the history of the second generation of English Quakers (after 1690) appears to have been that they became more "gathered" in an attempt to reclaim their original rigor from lukewarm members - rather like the Amish perhaps. King explains, "[w]hat was happening during this period in Friends' history was a change from bold expectation of conquering the world for Christ to fear of being infiltrated by the world and its spirit - a mood shift from the offensive to the defensive." Id. at 435. King notes somewhat the same complaint from John Wesley toward the end of his life. See id. at 435-36.
198. JOHN HOWARD YODER, FOR THE NATIONS (1997); see also Thomas L. Shaffer, The Jurisprudence of John Howard Yoder, 22 LEGAL STUD. REV. 473 (1998) (discussing primarily, this, Professor Yoder's last book).
199. JOHN HOWARD YODER, FOR THE NATIONS (1997); see also Thomas L. Shaffer, The Jurisprudence of John Howard Yoder, 22 LEGAL STUD. REV. 473 (1998) (discussing primarily, this, Professor Yoder's last book).
200. Jeremiah 29:4-8.
201. See KARL BARTH, ACTION IN WAITING FOR THE KINGDOM OF GOD 60-69 (Soc'y of Brothers, Rifton, N.Y. ed. & trans., 1969).
202. GUTIERREZ, THE GOD OF LIFE, supra note 121, at 252.
203. SÖLLE, supra note 118, at 133.
204. GUTIERREZ, THE GOD OF LIFE, supra note 121, at 124 (discussing Isaiah 11:4-5).
205. See YODER, supra note 61, at 151-55.
206. YODER, supra note 141, at 24.
207. See id. at 22-45; see also id. at 190-91, 244; Katharine Temple, An Anarchist Confession, CATH. WORKER, Oct.-Nov. 2000, at 3 (explaining that Christian anarchism is not chaos, but rather (quoting Dorothy Day) "groups of people working together in communities. . . . Martin Buber said there could be a 'community of communities' rather than a state. . . . There would be no more money lenders"). Yoder's early teaching on this was developed broadly in JOHN HOWARD YODER, CHRISTIAN WITNESS TO THE STATE 28-35 (1964) , and was, perhaps, updated in his last book. See YODER, supra note 141, at 103-24. Stanley Hauerwas's discussion in Christian Existence Today is helpful and, I think, consistent both with Yoder's teaching and with the argument of this Essay: The issue is how the church can provide the interpretative categories to help Christians better understand the positive and negative aspects of their societies and guide their subsequent selective participation. . . . What is required for Christians is not withdrawal but a sense of selective service and the ability to set priorities. . . . What allows us to look expectantly for agreement among those who do not worship God is not that we have a common morality based on autonomous knowledge of autonomous nature, but that God's kingdom is wider than the church. STANLEY HAUERWAS, CHRISTIAN EXISTENCE TODAY 17 (1988).
208. See id. at 22-45; see also id. at 190-91, 244; Katharine Temple, An Anarchist Confession, CATH. WORKER, Oct.-Nov. 2000, at 3 (explaining that Christian anarchism is not chaos, but rather (quoting Dorothy Day) "groups of people working together in communities. . . . Martin Buber said there could be a 'community of communities' rather than a state. . . . There would be no more money lenders"). Yoder's early teaching on this was developed broadly in JOHN HOWARD YODER, CHRISTIAN WITNESS TO THE STATE 28-35 (1964) , and was, perhaps, updated in his last book. See YODER, supra note 141, at 103-24. Stanley Hauerwas's discussion in Christian Existence Today is helpful and, I think, consistent both with Yoder's teaching and with the argument of this Essay: The issue is how the church can provide the interpretative categories to help Christians better understand the positive and negative aspects of their societies and guide their subsequent selective participation. . . . What is required for Christians is not withdrawal but a sense of selective service and the ability to set priorities. . . . What allows us to look expectantly for agreement among those who do not worship God is not that we have a common morality based on autonomous knowledge of autonomous nature, but that God's kingdom is wider than the church. STANLEY HAUERWAS, CHRISTIAN EXISTENCE TODAY 17 (1988).
209. See id. at 22-45; see also id. at 190-91, 244; Katharine Temple, An Anarchist Confession, CATH. WORKER, Oct.-Nov. 2000, at 3 (explaining that Christian anarchism is not chaos, but rather (quoting Dorothy Day) "groups of people working together in communities. . . . Martin Buber said there could be a 'community of communities' rather than a state. . . . There would be no more money lenders"). Yoder's early teaching on this was developed broadly in JOHN HOWARD YODER, CHRISTIAN WITNESS TO THE STATE 28-35 (1964) , and was, perhaps, updated in his last book. See YODER, supra note 141, at 103-24. Stanley Hauerwas's discussion in Christian Existence Today is helpful and, I think, consistent both with Yoder's teaching and with the argument of this Essay: The issue is how the church can provide the interpretative categories to help Christians better understand the positive and negative aspects of their societies and guide their subsequent selective participation. . . . What is required for Christians is not withdrawal but a sense of selective service and the ability to set priorities. . . . What allows us to look expectantly for agreement among those who do not worship God is not that we have a common morality based on autonomous knowledge of autonomous nature, but that God's kingdom is wider than the church. STANLEY HAUERWAS, CHRISTIAN EXISTENCE TODAY 17 (1988).
210. 2 Kings 18-19.
211. Walter Brueggemann, II Kings 18-19: The Legitimacy of a Sectarian Hermeneutic, 7 HORIZONS BIBLICAL THEOLOGY: AN INT'L DIALOGUE, June 1985, at 1, 4.
212. Id. at 6.
213. See id. at 7.
214. Id. at 8-9.
215. Id. at 1; see HAUERWAS, supra note 149, at 12-13. Hauerwas writes: Unless the church and Christians are trained first to understand their community's language, they will lack resources to notice times when the language of the state is not their own. To be sure, there may be continuities between those languages, but those continuities cannot be recognized unless Christians first know that their community's language is determined by what Walter Brueggemann has called the "singular holiness of God." Id. (quoting Brueggemann, supra note 151, at 15).
216. Id. at 1; see HAUERWAS, supra note 149, at 12-13. Hauerwas writes: Unless the church and Christians are trained first to understand their community's language, they will lack resources to notice times when the language of the state is not their own. To be sure, there may be continuities between those languages, but those continuities cannot be recognized unless Christians first know that their community's language is determined by what Walter Brueggemann has called the "singular holiness of God." Id. (quoting Brueggemann, supra note 151, at 15).
217. HAUERWAS, supra note 149, at 16.
218. Id.
219. 2 Kings 18:5.